SC Sets Aside Allahabad HC Judgment that Said Groping Minor Didn't Amount to Attempt to Rape

New Delhi: The Supreme Court has set aside a controversial judgment by Allahabad high court wherein the court had ruled that allegations of grabbing a minor’s breasts and pulling her pyjama string didn’t amount to an attempt to rape. A bench of the apex court led by Chief Justice of India (CJI) Surya Kant restored the summons issued to the accused, reported The Tribune.

The summons against the accused was earlier issued by the Special Judge under Section 376 of the IPC, read with Section 18 of the Protection of Children from Sexual Offences Act POCSO, holding that the alleged act was not “preparation” but “attempt” to commit rape.

The Supreme Court bench which also included Justices Joymalya Bagchi and N.V. Anjaria, set aside the Allahabad high court’s order for “patently erroneous application of the settled principles of criminal jurisprudence”.

Earlier, the Allahabad high court had in March 2025 diluted the charge of attempt to rape and other charges under the POCSO Act against the accused to charges of assault or “use of criminal force with intent to disrobe”.

The verdict had invited severe criticism at the time

The case dates back to 2021, when accused Pawan and Akash allegedly attacked an 11-year-old girl in Kasganj, Uttar Pradesh, and grabbed her breasts, snapped her pyjama string and tried to drag her under a culvert. The accused allegedly first offered to drop her on their bike while she was walking with her mother. They later fled the scene after passersby rushed to rescue the minor after hearing her screams.

“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,” said the Supreme Court in its February 10 judgment, 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. The impugned judgment, thus, is liable to be set aside on account of the patently erroneous application of the settled principles of criminal jurisprudence,” the court added.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.