SC overturns Allahabad HC’s controversial order in child assault case
Apex court overturns HC's ‘not attempt to rape’ ruling; directs expert panel to frame sensitivity guidelines for judges in sexual offence cases
The Supreme Court has overturned the Allahabad high court’s observation that assaulting a minor by grabbing her breasts and attempting to disrobe her did not amount to attempted rape, and has directed the formation of a panel to draft sensitivity guidelines for judges handling sexual offence cases.
On February 10, the Supreme Court set aside the Allahabad High Court’s March 17, 2025 order that had controversially held that the acts of grabbing a child’s breasts, breaking her pyjama string, and attempting to drag her under a culvert did not amount to rape or attempted rape.
Not merely 'preparatory'
A bench of CJI Surya Kant and Justices Joymalya Bagchi and NV Anjaria ruled that such acts clearly constituted attempted rape/penetrative sexual assault under the POCSO Act, rejecting the high court’s view that they were merely “preparatory.”
Also read: SC stays HC’s ‘grabbing woman’s breast not rape’ ruling, slams judge
"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,” the SC bench ruled.
Law and empathy
Further, the bench emphasised that adjudication in sexual offence cases must be rooted in law and empathy, cautioning that justice cannot be delivered if courts are “inconsiderate” to victims’ vulnerabilities.
In its judgment delivered on February 10, the bench cautioned that courts cannot deliver “complete justice” if they are “inconsiderate” to the vulnerabilities of litigants.
"The court's decisions must reflect the ethos of compassion, humanity, and understanding, which are essential for creating a fair and effective justice system," the bench said.
It stressed the need for systemic correction and greater sensitivity among judges, noting that judicial decisions must reflect compassion, humanity, and understanding. Training and guidelines are required to nurture sensitivity in handling sexual offence cases.
Case background
The Allahabad High Court had made the controversial observations on March 17, 2025, while modifying a summoning order against two accused persons.
According to the prosecution, the accused, Pawan and Akash, allegedly assaulted an 11-year-old girl, grabbing her breasts, breaking her pyjama string, and trying to drag her beneath a culvert. However, they fled after passers-by intervened.
The trial court charged them under Section 376 IPC (rape) and Section 18 POCSO (attempt).
Also read: Allahabad High Court blames rape survivor, says she ‘invited trouble’
The high court, however, reduced charges to Section 354-B IPC (assault with intent to disrobe) and Sections 9/10 POCSO (aggravated sexual assault), stating there was no “determined intent” to commit rape.
Guidelines to be framed
The SC later took suo motu cognizance of the order and stayed it on March 26, 2025. However, it declined to frame any immediate guidelines itself, citing the need for a comprehensive study.
The SC has now directed the National Judicial Academy (NJA), Bhopal to form a committee of experts to draft guidelines to inculcate "sensitivity and compassion" in judges and judicial processes in cases of sexual offences.
The SC also stressed that the guidelines must be in simple, accessible language, avoiding complex foreign expressions, and asked the NJA to submit its report preferably within three months.