The Supreme Court on Wednesday stayed the March 17 ruling of the Allahabad High Court, which held that acts such as grabbing a minor girl’s breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert did not amount to rape or an attempt to rape.
A Bench comprising Justice B.R. Gavai and Justice A.G. Masih passed the order while hearing a suo motu case titled In Re: Order dated 17.03.2025 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and Ancillary Issues, initiated by the Apex Court on Tuesday.
The contentious verdict, delivered by Justice Ram Manohar Narayan Mishra on March 17, modified an earlier summoning order. Justice Mishra altered the charges against the accused, originally summoned under Section 376 (rape) of the Indian Penal Code (IPC) and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act. Instead, the High Court directed that they be tried under the lesser charge of Section 354-B IPC (assault with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).
According to the prosecution, the accused—Pawan and Akash—allegedly assaulted the 11-year-old victim, attempting to drag her under a culvert before fleeing when passersby intervened. The trial court initially found the actions to constitute attempted rape or attempted penetrative sexual assault and issued summons under the corresponding legal provisions.
However, the accused challenged the summoning order before the High Court, arguing that even if the allegations were accepted at face value, they did not constitute rape. Justice Mishra ruled that there was insufficient evidence to establish a clear intent to commit rape, distinguishing between preparation and an actual attempt to commit the offence.
On March 24, a separate Supreme Court Bench comprising Justice Bela Trivedi and Justice Prasanna B. Varale had declined to entertain a public interest litigation (PIL) challenging the High Court’s decision under Article 32.
With the Supreme Court now staying the High Court’s ruling, the case is set for further legal scrutiny.
