SC Overturns HC Verdict: Grabbing Minor's Breasts is Attempted Rape

The Supreme Court of India has delivered a significant verdict, setting aside a controversial judgment by the Allahabad High Court that had controversially held that acts like grabbing a minor girl's breasts and loosening her pyjama string did not amount to an 'attempt to commit rape' but merely 'preparation'. This ruling by the apex court, delivered on February 10, 2026, and widely reported on February 18, 2026, underscores a crucial distinction in criminal jurisprudence and aims to rectify what it termed a 'patently erroneous application' of settled legal principles by the High Court. The case originated from a complaint regarding two accused, Pawan and Akash, who allegedly grabbed the breasts of an 11-year-old victim, broke the string of her pyjama, and attempted to drag her beneath a culvert. Initially, the Special Judge (POCSO) in Kasganj had issued summons to the accused under Section 376 of the Indian Penal Code (IPC) read with Section 18 of the Protection of Children from Sexual Offences (POCSO) Act, which pertains to attempt to commit an offence, including penetrative sexual assault. However, in a judgment dated March 17, 2025, a Single Judge of the Allahabad High Court modified this summoning order. The High Court reasoned that the alleged actions constituted only 'preparation' for rape and did not cross the threshold into an 'attempt'. Consequently, the charges were altered to Section 354B IPC (assault or use of criminal force with intent to disrobe) read with Sections 9 and 10 of the POCSO Act (aggravated sexual assault), which carry lesser punishments. This Allahabad High Court ruling garnered widespread criticism for its perceived insensitivity and flawed legal reasoning. The Supreme Court took suo motu cognisance of the matter based on a letter dated March 20, 2025, sent by Senior Advocate Shobha Gupta, founder of the NGO 'We the Women of India', flagging the High Court's reasoning as legally unsound and lacking empathy. On March 26, 2025, a Supreme Court bench comprising Justices B.R. Gavai and A.G. Masih swiftly stayed the contentious observations of the High Court, calling the decision an exhibition of 'total insensitivity' on the part of the judge. The apex court further stayed the entire Allahabad High Court judgment in December 2025, indicating its strong disagreement with the interpretation of criminal law principles. The final judgment, delivered by a three-judge bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice NV Anjaria, explicitly set aside the Allahabad High Court's order. The Supreme Court held that the High Court had misapplied the settled principles of criminal jurisprudence concerning the distinction between 'preparation' and 'attempt'. The apex court reiterated that 'attempt' begins where 'preparation' ends, specifically when 'mens rea' (the intention to commit a crime) starts being executed. The bench observed that the accused persons had clearly proceeded with a 'pre-determined intent' to commit rape, and their actions were stopped only due to the intervention of third parties following the victim's shrieks. This, the Supreme Court reasoned, clearly constituted an 'attempt'. By setting aside the High Court's judgment, the Supreme Court restored the original summons issued by the Special Judge, POCSO, meaning the accused will now face trial under the more stringent charges of Section 376 IPC (rape) read with Section 511 IPC (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment) along with Section 18 of the POCSO Act. Beyond correcting this specific legal error, the Supreme Court also addressed a broader systemic issue concerning the lack of sensitivity and compassion in judicial pronouncements, particularly in cases involving sexual offences and vulnerable victims. Acknowledging the need for systemic correction, the bench directed the National Judicial Academy (NJA), Bhopal, to constitute a committee of experts. This committee, to be headed by former Supreme Court Judge Justice Aniruddha Bose, is tasked with framing comprehensive guidelines to inculcate sensitivity and compassion in judges and judicial processes when dealing with sexual offences and other vulnerable cases. The Supreme Court emphasized that these guidelines must be rooted in the 'Indian social fabric' and not merely borrowed from foreign jurisdictions. This move highlights the Supreme Court's commitment to ensuring justice is delivered not only with legal accuracy but also with empathy and understanding, particularly for victims of sexual assault.

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