New Delhi, February 18 The Supreme Court has ruled that grabbing breasts and pulling a pyjama string constitutes "an attempt to rape," overturning a controversial Allahabad High Court order that said these were only "preparation to commit rape."
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and N V Anjaria said the impugned order was liable to be set aside on account of the "blatantly erroneous application of established principles of criminal law."
The court passed the order on February 10 on a suo motu plea in which it had taken cognizance of the Allahabad High Court order, which stated that mere grabbing of the breasts and pulling the string of a pyjama did not constitute the offence of rape.
While overturning the HC judgment, 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.
"Given the allegations, we cannot agree with the High Court's finding 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 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. Thus, the impugned judgment is liable to be set aside on account of the blatantly erroneous application of established principles of criminal law," 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 judgment 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 judgment 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.
In its order dated March 17, 2025, the HC ruled that mere grabbing of breasts and pulling the pyjama string did not constitute the offence of rape, but it did fall under the ambit of assault or use of criminal force against a woman with the intent to disrobe or compel her to be naked.
The order was passed by Justice Ram Manohar Narayan Mishra on a revision petition filed by two persons who moved the court, challenging the order of a special judge of Kasganj by which the court had summoned them under Section 376 of the IPC, apart from other sections.
According to the facts of the case, an application was moved before the court of Special Judge, POCSO Act, alleging that on November 10, 2021, she (informant) was returning from the home of her sister-in-law along with her 14-year-old daughter.
The accused -- Pawan, Akash and Ashok -- were from her village and met her on the way. They offered a lift to her daughter.
It was alleged that the accused stopped their motorcycle on the way to the village and started groping the minor. Akash allegedly dragged her and tried to take her beneath the culvert and pulled the string of her pyjama.
Two persons reached the spot on hearing the cries of the girl, causing the accused to flee.