The Supreme Court has overturned a controversial judgment by the Allahabad High Court, which stated that grabbing a minor’s breasts and breaking her pyjama string did not amount to an attempt to rape. The Supreme Court found the reasoning of the High Court to be legally flawed and ordered a reevaluation of the case.
Following a letter from a senior advocate highlighting the problematic observations in the High Court’s order, the Supreme Court initiated suo motu proceedings. The accused, who were initially charged with rape and attempt to commit an offence under the POCSO Act, had their charges altered by the High Court to a lesser offence.
Disagreeing with the High Court’s decision, the Supreme Court emphasized the distinction between “preparation” and “attempt” in criminal law. The Court noted that the accused had allegedly taken the victim on a motorcycle, committed offensive acts, and fled when witnesses intervened, indicating a clear attempt to commit the offence.
The Supreme Court reinstated the original summons order and directed the trial to proceed under relevant sections of the IPC and the POCSO Act. It clarified that its observations were based on a prima facie perspective and did not imply any opinion on the guilt of the accused, which would be determined during the trial.
