‘Grabbing Minor’s Breasts Not Attempt To Rape’: Supreme Court Sets Aside Allahabad High Court’s Controversial Order of 2025
The Supreme Court overturned an Allahabad HC ruling that labeled the assault of an 11-year-old as "preparation" rather than "attempted rape." CJI Surya Kant emphasized the need for judicial empathy and sensitivity. The Court directed the National Judicial Academy to draft new guidelines to train judges in handling s*xual offense cases.
New Delhi, February 18: The Supreme Court of India has set aside a controversial Allahabad High Court judgment that categorised the molestation of an 11-year-old girl as mere "preparation" rather than an attempt to commit rape. In a landmark ruling delivered on February 10 and detailed on February 18, a three-judge bench led by Chief Justice of India Surya Kant emphasised that judicial decisions in s*xual offense cases must be anchored in both legal rigour and deep-seated empathy for the victim's vulnerabilities.
Overturning the 'Preparation' Argument
The case originated from a 2025 order by the Allahabad High Court, which had modified charges against two accused men, Pawan and Akash. The High Court had argued that acts such as grabbing the victim’s breasts and breaking the string of her lower garment did not prove a "determined intent" to commit rape because the assault was interrupted by witnesses. ‘Placing Pen*s Over Vagi*a, Ejaculating Without Penetration Does Not Amount to Rape’: Chhattisgarh High Court.
The Supreme Court bench, which included Justices Joymalya Bagchi and N.V. Anjaria, rejected this logic as "patently erroneous." The Court clarified that an "attempt" begins the moment the intent is put into action. The justices noted that the accused only fled because passers-by intervened, reinforcing the prima facie case for attempt to rape under Section 376 of the IPC and Section 18 of the POCSO Act.
Call for Judicial Sensitivity
Beyond the specific legal correction, the top court used the verdict to address a "chilling effect" caused by insensitive judicial remarks. The bench observed that "complete justice" is impossible if the judiciary remains inconsiderate toward the trauma and factual realities of litigants. "Our decisions... must reflect the ethos of compassion, humanity, and understanding," the Court stated. The bench acknowledged a systemic need to nurture sensitivity within the judiciary to prevent patriarchal notions from influencing sexual offence trials.
New Expert Committee and Guidelines
Declining to frame immediate rules themselves, the Supreme Court requested the National Judicial Academy (NJA) in Bhopal to form an expert committee. This committee, led by Justice (Retd.) Aniruddha Bose is tasked with:
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Drafting Guidelines: Creating a framework to inculcate sensitivity and compassion in judges.
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Accessible Language: Ensuring guidelines avoid complex "foreign" or technical jargon, making them understandable to common citizens and survivors.
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Linguistic Diversity: Accounting for India’s regional languages to empower victims to give fuller narratives of their trauma.
The committee is expected to submit its comprehensive report within three months. ‘Grabbing Breasts or Snapping Pyjama String Not Rape Attempt’ Order by Allahabad HC: Priyanka Chaturvedi Seeks Justice Ram Manohar Narayan Mishra’s Dismissal, Urges Supreme Court To Review Verdict.
Suo Motu Intervention
The Supreme Court originally took suo motu cognizance of the High Court's order in March 2025, after legal experts and NGOs flagged the ruling as "insensitive and inhuman." By restoring the original, more stringent charges, the apex court has signalled a zero-tolerance policy toward judicial interpretations that minimise the gravity of sexual violence against children.
Women and Child Helpline Numbers:
Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.
(The above story first appeared on LatestLY on Feb 18, 2026 03:25 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).