The Supreme Court has passed an order setting aside the controversial verdict earlier passed by the Allahabad High Court regarding a case of sexual assault on a minor and defined it as "erroneous".
The bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice NV Anjaria clearly stated that touching a minor's breast or untying her pajama string would be considered as 'attempt to rape'.
The incident in question
In March 2025, the Allahabad High Court had ruled that touching a minor's breast or untying or tearing her pajama string would not be considered as an attempt to rape.
Two youths were accused of harassing an 11-year-old girl. The complaint stated that the accused found the girl alone at a secluded culvert, touched her breast, and attempted to untie her pajama string. The minor girl's mother filed a complaint under Section 156(3) CrPC.
Following this, the Special Judge, POCSO, Kasganj, summoned both the accused under Section 376 of the IPC and Section 18 of the POCSO Act.
Controvercy over Allahabad High Court ruling
However, the Allahabad High Court bench of Justice Ram Manohar Narayan Mishra observed that the allegations did not point towards an attempt to commit rape and directed trial under Section 354-B (assault or use of criminal force to woman with intent to disrobe) of the Indian Penal Code. Additionally, the trial proceeded under Sections 9 and 10 of POCSO.
The Allahabad High Court's verdict sparked a nationwide controversy as Justice Mishra highlighted that even though it is a matter of sexual assult; however, the prosecution has to prove that the the accused intended to to commit sexual assault. "The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination," said the bench.
Supreme Court debunks 'preparation' theory
The Supreme Court issued a stay on the execution of Allahabad High Court's order and observed that "A bare perusal of these allegations leaves no modicum of doubt that the case sought to be made out is that the accused persons proceeded with a pre-determined intent to commit an offence under Section 376 of the IPC on her."
The bench also pointed out that because of the presence of third party witness the crime did not go any further.
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The Supreme Court bench of Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice NV Anjaria, directed to form an expert committee led by former Supreme Court Judge Justice Aniruddha Bose within two weeks and the comittee will be reponsible for preparing a report on 'Developing Guidelines' to promote "sensitivity and compassion" into Judges and Judicial processes in the context of sexual offences and other vulnerable cases.
The apex court also given a go ahead to the legal proceedeings restoring the summon order by the Special Judge (POCSO), Kasganj.
