Prayagraj: The Supreme Court of India has overturned a controversial decision of the Allahabad High Court, holding that grabbing a girl’s private parts and attempting to remove her clothing constitutes an offence of attempt to rape.
The apex court ruled that such acts cannot be treated merely as “preparation” for rape, as earlier stated by the High Court, but clearly fall under the definition of an attempt to commit rape under criminal law.
Bench Headed by Justice Surya Kant
The matter was heard by a bench comprising Justice Surya Kant, Justice Joymalya Bagchi, and Justice N.V. Anjaria. While delivering its judgment on Wednesday, the bench observed that the Allahabad High Court had wrongly interpreted established principles of criminal law.
The Supreme Court stated that the High Court had misapplied legal reasoning by categorising the act as preparation rather than an attempt.
Special Judge’s Summons Restored
The Supreme Court set aside the Allahabad High Court’s order and restored the original summons issued in June 2023 by a Special Judge in Kasganj under Section 376 of the Indian Penal Code (attempt to rape).
However, the bench clarified that its observations were made only on the basis of the complainant’s prima facie case and should not be treated as a final opinion on the guilt of the accused.
Court Says Intention Was Clearly Evident
The apex court remarked that even a preliminary examination of the allegations leaves no doubt that the accused acted with a predetermined intention to commit rape.
It held that physical acts such as holding private parts and pulling the drawstring of a victim’s clothing indicate direct progression towards committing the crime, thereby fulfilling the criteria of “attempt”.
Case Linked to Incident in Kasganj
The case originated from the POCSO Special Court in Kasganj, where the complaint stated that on November 10, 2021, a woman was returning home with her 14-year-old daughter after visiting a relative.
During the journey, three men from the same village allegedly offered to drop the girl home on a motorcycle. The complaint alleged that while on the way, the accused molested the minor, grabbed her private parts, and one of them tried to drag her under a culvert.
It was further alleged that the accused pulled the girl’s clothing drawstring. The victim’s screams attracted two passers-by, following which the accused fled from the spot.
High Court Had Termed It as “Preparation”
The accused later challenged the Kasganj court summons in the Allahabad High Court. The High Court ruled that the act did not qualify as an attempt to rape and described it only as preparation, triggering nationwide debate and criticism.
With the Supreme Court’s ruling, the legal proceedings under attempt to rape have been reinstated.