'Grabbing breasts, pulling pyjama string is...' SC sets aside controversial Allahabad HC order on rape

The Supreme Court has ruled that grabbing of breasts and pulling the pyjama string amount to "attempt to rape", setting aside a controversial Allahabad High Court order which said these were only "preparation to commit rape".

A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and N V Anjaria said the impugned order was liable to be set aside on account of the "patently erroneous application of the settled principles of criminal jurisprudence".

The court passed the order on February 10 on a suo motu plea in which it had taken cognisance of the Allahabad High Court order, which stated that mere grabbing of the breasts and pulling the string of a pyjama did not amount to the offence of rape.

While setting aside the HC judgement, the top court restored the original stringent charge of attempt to rape against two accused under the Protection of Children from Sexual Offences (POCSO) Act. "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 attempt made by the accused persons appears clearly and inevitably leads us to conclude that, prima facie, a case for invoking the provisions of attempt to commit rape has been made out by the complainant and the prosecution. The impugned judgement, thus, is liable to be set aside on account of the patently erroneous application of the settled principles of criminal jurisprudence," the bench said. The apex court said 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 (rape) of the Indian Penal Code (IPC).

In its order dated March 17, 2025, the HC ruled that mere grabbing of breasts and pulling the pyjama string did not amount to the offence of rape, but it did fall under the ambit of assault or use of criminal force against a woman with the intent to disrobe or compel her to be naked. The order was passed by Justice Ram Manohar Narayan Mishra on a revision petition filed by two persons who moved the court, challenging the order of a special judge of Kasganj by which the court had summoned them under Section 376 of the IPC, apart from other sections.