Supreme Court to Revisit Controversial Ruling on Attempted Rape Case

The Supreme Court is preparing to hear a pivotal case concerning a contentious ruling from the Allahabad High Court, which stated that certain actions did not amount to attempted rape. This case has drawn significant attention due to its implications for legal definitions of sexual assault. The Supreme Court's review follows a plea from the victim's mother and aims to address the insensitivity reflected in the High Court's judgment. As the legal community watches closely, the outcome could reshape the understanding of sexual offenses in India.

By Narendra Chaudhary Apr 13, 2025, 16:25 IST

Supreme Court Takes Up Sensitive Case

In a significant development, the Supreme Court is set to hear a case on Tuesday regarding a controversial ruling from the Allahabad High Court. The High Court had controversially stated that actions such as grabbing a woman's breasts and breaking her pyjama string did not constitute an attempt to rape.

According to the court's schedule, a bench comprising Justices B.R. Gavai and A.G. Masih will continue the hearing, which includes a plea from the victim's mother, on April 15.

On March 26, the bench led by Justice Gavai issued a stay on the contentious portions of the Allahabad HC ruling, criticizing it for a complete lack of sensitivity and an inhumane perspective.

The bench expressed its concern, stating, "We have reviewed the judgment dated March 17, 2025, and find that certain remarks in paragraphs 21, 24, and 26 reflect a shocking insensitivity from the judgment's author."

The bench further noted that the controversial ruling was not a spontaneous decision but was made four months after the order was reserved.

The Supreme Court has also sent notices to the Central Government, the Uttar Pradesh state government, and the parties involved in the original case, including the accused.

Attorney General R. Venkataramani and Solicitor General Tushar Mehta have been asked to assist in the proceedings.

This case, titled ‘In Re: Order dated 17.03.2025 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and ancillary issues’, was initiated following a letter from senior advocate Shobha Gupta, who urged the Chief Justice of India to take note of the High Court's remarks.

In the original ruling, Justice Ram Manohar Narayan Mishra of the Allahabad HC modified the charges against two accused individuals, who were initially summoned for serious offenses under Section 376 of the IPC (rape) and Section 18 of the POCSO Act (attempt to commit an offense).

The High Court's decision allowed the accused to be charged with a lesser offense under Section 354(b) of the IPC, which pertains to assault or abuse of a woman with the intent to disrobe her, in conjunction with Sections 9 and 10 of the POCSO Act.

Under the POCSO Act, Section 9 prescribes penalties for aggravated sexual assault against child victims, while Section 10 mandates imprisonment of up to seven years, with a minimum of five years and potential fines.

The prosecution alleges that the two accused, Pawan and Akash, assaulted the victim by grabbing her breasts and breaking her pyjama string, attempting to drag her under a culvert. They fled the scene when bystanders intervened.

Justice Mishra's bench stated that the evidence did not support a prima facie charge of attempted rape, noting, "There is no claim that the accused attempted penetrative sexual assault. The facts presented do not substantiate an attempt to rape. To establish such a charge, the prosecution must demonstrate that the actions exceeded mere preparation, indicating a higher level of intent."