On 26 March 2025, the Supreme Court took suo motu cognizance of a contentious ruling by the Allahabad High Court, which stated that forcibly grabbing a minor girl’s breasts, untying her pyjama drawstring, and attempting to drag her under a culvert did not amount to an attempt to rape.
A bench comprising Justices B.R. Gavai and Augustine George Masih will review the High Court’s decision and has already expressed strong disapproval. The Supreme Court remarked, “Some observations in the impugned judgment, particularly in paragraphs 21, 24, and 26, reflect a complete lack of sensitivity on the part of the author.”
What Did Allahabad High Court Ruled?
In a shocking ruling, the Allahabad High Court recently on 17 March by Justice Ram Manohar Narayan Mishra, modified charges against two accused in a sexual assault case involving an 11-year-old girl. The accused were initially charged with attempted rape under Section 376 of the Indian Penal Code (IPC) and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act. However, the court ruled that their actions—grabbing the victim’s breasts, breaking her pyjama string, and attempting to drag her beneath a culvert—did not constitute an attempt to rape.
Instead, the court described the act as “aggravated sexual assault” and directed that the accused be tried under Section 354-B of the IPC (assault with intent to disrobe) and Sections 9/10 of the POCSO Act. The court emphasized that for an attempt to rape charge, the prosecution must prove that the accused had gone “beyond the stage of preparation.”
This novel interpretation ignores the sheer brutality of the act and instead creates an artificial distinction between intent and execution. The accused will now face less severe charges, sending a troubling message about the legal threshold for attempted rape.
Earlier, on 24 March, a Supreme Court bench comprising Justices Bela Trivedi and Prasanna B. Varale declined to entertain a Public Interest Litigation (PIL) challenging the Allahabad High Court’s ruling.
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