New Delhi, March 25, 2025: In a significant move, the Supreme Court of India has taken suo motu cognizance (SMW Crl No 1/2025) of a controversial judgment delivered by the Allahabad High Court, which ruled that grabbing an 11-year-old girl’s breasts and breaking her pyjama string did not amount to rape or even an attempt to rape. The apex court’s decision follows nationwide outrage and criticism from legal experts, activists, and political leaders.
It will be heard by a Bench of Justices BR Gavai and Augustine George Masih.
Background of the Case
The case stems from a 2021 incident in Uttar Pradesh’s Kasganj district, where two men, Pawan and Akash, allegedly assaulted an 11-year-old girl by grabbing her breasts, tearing the string of her pyjama, and attempting to drag her under a culvert. The assault was interrupted by passers-by, who intervened and caused the accused to flee.
The trial court had framed charges under Section 376 of the Indian Penal Code (rape) and relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act. However, on March 17, 2025, Justice Ram Manohar Narayan Mishra of the Allahabad High Court reclassified the offence, ruling that the actions did not qualify as rape or attempt to rape. Instead, he directed that the accused be tried under Section 354-B IPC (assault with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).
High Court’s Legal Reasoning
Justice Mishra’s judgment held that the incident did not demonstrate a sufficient level of determination or direct action to constitute an attempt to commit rape. The court emphasized that the threshold for “attempt to rape” requires actions that go beyond preparation and reflect a clear, immediate intention to commit the offence.
Following public outrage, a Public Interest Litigation (PIL) was filed in the Supreme Court seeking removal of the contentious portions of the judgment and formulation of guidelines for judicial interpretation in cases involving sexual violence. Though earlier petitions were dismissed on technical grounds, the Court has now intervened on its own accord.
Supreme Court Steps In
By registering the suo motu petition, the Supreme Court has signaled its concern about the interpretation of sexual offence laws, especially in cases involving minors. The Court is expected to review whether the High Court’s judgment aligns with the intent and protections enshrined under the POCSO Act and the Indian Penal Code.
