New Delhi, February 18: The Supreme Court recently set-aside the Allahabad High Court's March 2025 judgment which had diluted charges of attempt to rape against two accused to a lesser offence, holding that the High Court had wrongly treated the alleged acts of grabbing a woman's breast, breaking her pyjama string and dragging her underneath the culver as mere "preparation" and not an "attempt" to commit rape.
While doing so, the top court has also allowed the appeal filed against the high court decision and restored the original summons issued by the Special Judge (POCSO) Kasganj on charges of attempt to rape under Section 376 IPC read with Section 18 of the POCSO Act against the accused duo.
A bench of Chief Justice of India Surya Kant, Justices Joymalya Bagchi and N.V. Anjaria has also asked the National Judicial Academy, Bhopal, to constitute an expert committee headed by former Supreme Court judge Justice Aniruddha Bose to frame draft guidelines aimed at "inculcating sensitivity and compassion" in judges and judicial processes while dealing with sexual offences and other vulnerable cases.
The Court noted that the Committee shall complete the exercise preferably within three months.
As regards the attempt to rape case, the top court disagreed with the Allahabad HC and stated that the factual allegations went well beyond preparation.
"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 top court noted.
The Court pointed out that the accused allegedly took the minor victim on a motorcycle on the pretext of dropping her off at home, stopped near a culvert, dragged her and committed sexually offensive acts. The crime did not progress further only because witnesses reached the spot after hearing the victim's shrieks.
"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", it noted.
Thus, it set aside the high court ruling and restored the summons order.
"The impugned judgment dated 17.03.2025 is set aside, and the original summons order dated 23.06.2023 passed by the Special Judge (POCSO), Kasganj is restored", the Court noted
However, the Court clarified that its observations are only prima facie and will not affect the trial on the merits.
The Court had taken up the matter suo motu after receiving a letter dated March 20, 2025, from an organisation, 'We the Women of India', through Senior Advocate Shobha Gupta, questioning the High Court's reasoning as "erroneous in law, insensitive, irresponsible and likely to demoralise" efforts to protect women and vulnerable persons.
It had earlier stayed the High Court's judgment and directed that the trial proceed as if a summons had been issued under Section 376 read with Section 511 IPC and Section 18 of the POCSO Act. (ANI)
