The Supreme Court has set aside a controversial Allahabad High Court order, which had held that acts such as grabbing the breasts of a minor, breaking the string of her pyjama and attempting to drag her beneath a culvert did not constitute rape or an attempt to rape.
According to a report with Bar and Bench, a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and NV Anjaria underscored that adjudication in cases involving sexual offences must be rooted not only in legal interpretation but also in empathy and sensitivity towards victims.
“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 Supreme Court observed in its judgment delivered on February 10.
The court further cautioned that justice delivery would remain incomplete if courts failed to recognise the vulnerabilities of litigants.
“Our decisions as participants in the legal process must reflect the ethos of compassion, humanity, and understanding, which are essential for creating a fair and effective justice system," the bench said.
THE CONTROVERSIAL ALLAHABAD HIGH COURT ORDER
The matter arose from a March 17, 2025, order passed by a single judge of the Allahabad High Court while modifying a summoning order against two accused, identified as Pawan and Akash.
As per the prosecution’s case, the accused allegedly grabbed the breasts of an 11-year-old girl.
One of them then broke the string of her lower garment and attempted to drag her beneath a culvert. The accused fled after passers-by intervened.
The trial court had treated the incident as an attempt to rape or attempted penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act and summoned the accused under Section 376 of the Indian Penal Code along with Section 18 of the POCSO Act.
