New Delhi: The Supreme Court has ruled that grabbing of breasts and pulling the pyjama string amount to “attempt to rape”, setting aside a controversial Allahabad High Court order which said these were only “preparation to commit rape”.
A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and N V Anjaria said the impugned order was liable to be set aside on account of the “patently erroneous application of the settled principles of criminal jurisprudence”.
The court passed the order on February 10 on a suo motu plea in which it had taken cognisance of the Allahabad High Court order, which stated that mere grabbing of the breasts and pulling the string of a pyjama did not amount to the offence of rape.
While setting aside the HC judgement, the top court restored the original stringent charge of attempt to rape against 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.
The apex court said a bare perusal of these allegations leaves no “modicum of doubt” that the case sought to be made out is that the accused persons proceeded with a pre-determined intent to commit an offence under Section 376 (rape) of the Indian Penal Code (IPC).
“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.