The Crossbill News Desk
In a significant development in criminal jurisprudence, the Supreme Court on Tuesday (February 17) set aside a March 2025 judgment of the Allahabad High Court that had held that grabbing a minor girl’s breasts and dragging her under a culvert did not amount to an attempt to rape.
Calling the ruling a result of a “patently erroneous application of the settled principles of criminal jurisprudence,” the apex court restored the more serious charges framed earlier in the case.
The bench, led by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and NV Anjaria, held that the high court had wrongly diluted the charges from attempt to rape under Section 376 read with Section 511 of the IPC and Section 18 of the POCSO Act to lesser offences.
The Supreme Court reinstated the original summons issued by the special judge (POCSO), Kasganj, while clarifying that its observations were prima facie and would not influence the ongoing trial on merits.
Beyond correcting the legal position in the present case, the court also flagged concerns over the lack of sensitivity in judicial handling of sexual offence cases.
According to Hindustan Times, the apex court requested the National Judicial Academy in Bhopal to constitute a committee of experts to frame comprehensive guidelines for judges and courts across the country to ensure greater sensitivity and compassion in such matters.
The case relates to a 2021 incident in Kasganj, Uttar Pradesh, in which two accused allegedly assaulted an 11-year-old girl. As per the prosecution, the accused grabbed her breasts, snapped the string of her pyjama and attempted to drag her under a culvert after offering her a ride while she was walking with her mother. They reportedly fled after passersby responded to the child’s screams.
Disagreeing with the high court’s view that the acts amounted merely to preparation and not an attempt to rape, the Supreme Court observed, “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,” reported The Tribune.
“The attempt made by the accused 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 top court said in its February 10 order.
It further observed that the impugned judgment deserved to be set aside as it reflected a patently erroneous application of well-settled principles of criminal jurisprudence.
Calling the ruling a result of a “patently erroneous application of the settled principles of criminal jurisprudence,” the apex court restored the more serious charges framed earlier in the case.
The bench, led by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and NV Anjaria, held that the high court had wrongly diluted the charges from attempt to rape under Section 376 read with Section 511 of the IPC and Section 18 of the POCSO Act to lesser offences.
The Supreme Court reinstated the original summons issued by the special judge (POCSO), Kasganj, while clarifying that its observations were prima facie and would not influence the ongoing trial on merits.
Beyond correcting the legal position in the present case, the court also flagged concerns over the lack of sensitivity in judicial handling of sexual offence cases.
According to Hindustan Times, the apex court requested the National Judicial Academy in Bhopal to constitute a committee of experts to frame comprehensive guidelines for judges and courts across the country to ensure greater sensitivity and compassion in such matters.
The case relates to a 2021 incident in Kasganj, Uttar Pradesh, in which two accused allegedly assaulted an 11-year-old girl. As per the prosecution, the accused grabbed her breasts, snapped the string of her pyjama and attempted to drag her under a culvert after offering her a ride while she was walking with her mother. They reportedly fled after passersby responded to the child’s screams.
Disagreeing with the high court’s view that the acts amounted merely to preparation and not an attempt to rape, the Supreme Court observed, “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,” reported The Tribune.
“The attempt made by the accused 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 top court said in its February 10 order.
It further observed that the impugned judgment deserved to be set aside as it reflected a patently erroneous application of well-settled principles of criminal jurisprudence.
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