New Delhi: The Supreme Court of India has held that grabbing a woman’s breasts and pulling the string of her pyjama constitute an “attempt to rape,” setting aside a controversial order of the Allahabad High Court which had termed the acts as mere “preparation” to commit rape.
A bench comprising Chief Justice of India Surya Kant, and Justices Joymalya Bagchi and NV Anjaria said the High Court’s judgment suffered from a “patently erroneous application of the settled principles of criminal jurisprudence.”
The top court passed its order on February 10 while hearing a suo motu case in which it had taken cognisance of the High Court’s March 17, 2025 ruling. The High Court had observed that merely grabbing the breasts of a minor and pulling the string of her pyjama did not amount to rape, though it could fall under offences relating to assault or criminal force with intent to disrobe.
Setting aside that judgment, the apex court restored the original charge of attempt to rape under Section 376 of the Indian Penal Code, along with provisions of the Protection of Children from Sexual Offences (POCSO) Act, as ordered earlier by a Special Judge in Kasganj.
“The facts alleged being so, 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 bench said. It added that the actions attributed to the accused clearly indicated a pre-determined intent to commit the offence.
The court clarified that its observations were prima facie in nature and would not influence the trial court’s final determination of guilt.
The case pertains to an incident on November 10, 2021, when a woman and her 14-year-old daughter were allegedly stopped by three men from their village. According to the complaint, the accused offered the girl a lift, later stopped the motorcycle, and allegedly groped her. One of them was accused of dragging her toward a culvert and pulling the string of her pyjama before fleeing when locals arrived after hearing her cries.
The High Court order under challenge had been passed by Justice Ram Manohar Narayan Mishra on a revision plea filed by two of the accused, who had sought to quash the summoning order issued by the Special Judge (POCSO), Kasganj.
