Supreme Court Overturns Allahabad HC View On Rape attempt
Supreme Court ruled that untying pyjama strings and assaulting a minor amounts to attempted rape, overturning Allahabad High Court’s controversial observation.
The Supreme Court of India has firmly rejected a controversial ruling of the Allahabad High Court, holding that acts such as grabbing a minor’s breasts, breaking the string of her pyjamas, and attempting to drag her to a secluded place amount to an attempt to commit rape, not merely “preparation”.
A bench led by Surya Kant, along with Justices Joymalya Bagchi and N.V. Anjaria, said courts cannot take a narrow or insensitive view in cases involving sexual offences against children. The bench stressed that adjudication must combine legal reasoning with empathy, especially when dealing with vulnerable survivors.
The Supreme Court overturned the High Court’s March 17, 2025 order, which had diluted the charges against the accused by holding that their conduct did not show a clear intent to commit rape. The trial court had earlier found sufficient grounds to summon the accused for attempted rape and offences under the Protection of Children from Sexual Offences Act.
Disagreeing with the High Court’s reasoning, the apex court said such acts go beyond preparation and clearly fall within the scope of an attempt to rape. It warned that “complete justice” cannot be delivered if courts remain insensitive to the realities and vulnerabilities faced by survivors of sexual violence.
The Supreme Court also highlighted the need for greater sensitivity within the judiciary. Instead of framing immediate guidelines itself, it directed the National Judicial Academy in Bhopal to constitute an expert committee to draft clear, simple, and linguistically accessible guidelines for judges handling sexual offence cases and matters involving vulnerable individuals. The committee has been asked to submit its report preferably within three months.
Overall, the ruling reinforces that sexual offence cases—especially those involving children—must be approached with compassion, contextual understanding, and a survivor-centric interpretation of the law, rather than a rigid or technical reading of criminal intent.
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