The Supreme Court (SC) has held that grabbing a woman’s breasts and pulling the string of her pyjama constitute an “attempt to rape”, overturning a controversial Allahabad High Court (HC) ruling that had termed the acts merely as “preparation to commit rape”, news agency PTI reported.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and NV Anjaria observed that the HC’s order was liable to be quashed due to the “patently erroneous application of the settled principles of criminal jurisprudence”.
The top court delivered its order on February 10 while hearing a suo motu case in which it had taken cognisance of the HC’s March 17, 2025, ruling, PTI reported.
The lower court had stated that merely grabbing breasts and pulling a pyjama string did not amount to the offence of rape.
Setting aside the HC’s judgment, the apex court restored the original charge of attempt to rape against the two accused under the Protection of Children from Sexual Offences (POCSO) Act.
“The facts alleged being so, we cannot agree with the finding of the High Court that the allegations only amount to preparation, but not an attempt, towards the commission of the offence of rape. The attempt made by the accused persons appears clearly and inevitably leads us to conclude that, prima facie, a case for invoking the provisions of attempt to commit rape has been made out by the complainant and the prosecution. The impugned judgement, thus, is liable to be set aside on account of the patently erroneous application of the settled principles of criminal jurisprudence,” the bench said.
SC sets aside Allahabad HC order, restores attempt-to-rape charge against three accused
The apex court further noted that a bare perusal of the allegations left no “modicum of doubt” that the accused had acted with a pre-determined intent to commit an offence under Section 376 (rape) of the Indian Penal Code (IPC), PTI reported.
“The impugned judgement dated March 17, 2025, is set aside, and the original summons order dated June 23, 2023, passed by the Special Judge (POCSO), Kasganj, is restored.
“It goes without saying that the observations made by this Court through this judgement are only from a prima facie perspective on the case made by the complainant, and they shall not be taken to be any opinion on the guilt of the accused persons, which is the subject matter of the ongoing trial,” the bench said.
In its March 17, 2025, order, Justice Ram Manohar Narayan Mishra of the Allahabad HC had ruled that while the alleged acts did not amount to rape, they fell within the ambit of assault or use of criminal force against a woman with intent to disrobe or compel her to be naked.
The HC’s order was passed on a revision petition filed by two accused challenging the Kasganj special judge’s decision summoning them under Section 376 of the IPC, along with other provisions.
According to the case details, an application was filed before the special judge under the POCSO Act alleging that on November 10, 2021, the complainant was returning from her sister-in-law’s house with her 14-year-old daughter when the three accused — all from the same village — encountered them and offered the girl a lift.
It was alleged that the accused stopped their motorcycle on the way and began groping the minor. One of the accused allegedly dragged her towards a culvert and pulled the string of her pyjama.
Two persons arrived at the scene after hearing the girl’s cries, prompting the accused to flee.
(With PTI inputs)