Who is Justice Ram Manohar Narayan Mishra, The Allahabad HC Judge Rebuked by SC for ‘Grabbing Breasts Not Rape’ Ruling?

New Delhi: Justice Ram Manohar Narayan Mishra of the Allahabad High Court has come under intense scrutiny following a controversial ruling on March 17 regarding what constitutes an attempt to rape. The Supreme Court strongly criticized the decision, calling it "insensitive" and "inhuman."

The Controversial Ruling

The ruling in question came while Justice Mishra was allowing the accused's criminal revision plea. The high court directed that the accused be tried under Section 354-B of the IPC (assault or use of criminal force with intent to disrobe) along with Sections 9/10 of the POCSO Act (aggravated sexual assault) but dismissed the charge of attempt to rape.

Justice Mishra held that the allegations "hardly constitute an offence of attempt to rape" and stated that the prosecution must establish that the act had gone beyond the stage of preparation to prove such a charge. The court further noted that no further steps were taken by the accused beyond grabbing the victim’s breasts and attempting to drag her under a culvert.

Who is Justice Ram Manohar Narayan Mishra?

Justice Mishra has had a long judicial career. He graduated in law in 1985 and completed his post-graduation in 1987. He joined the Uttar Pradesh Judicial Service as a Munsif in 1990 and was promoted to the higher judicial service in 2005.

Over the years, he served as district and sessions judge in Baghpat and Aligarh and held key positions such as director of the Judicial Training and Research Institute (JTRI) and district and sessions judge, Lucknow. He was elevated to the Allahabad High Court as an additional judge on August 15, 2022, and became a permanent judge on September 25, 2023.

Details of the Case

The case dates back to November 10, 2021, when the accused offered to drop an 11-year-old girl home on their motorcycle. Trusting them, the girl’s father allowed her to go with them.

On the way, the three accused stopped and began sexually assaulting her. The prosecution stated that the accused grabbed her breasts, broke the string of her pyjama, and attempted to drag her under a culvert in Uttar Pradesh’s Kasganj. However, they fled the scene when passersby intervened, leaving the girl behind.