The Supreme Court of India has taken notice of a controversial decision made by the Allahabad High Court regarding an attempted rape case. The top court will hear the matter on March 26, 2025.
On March 17, the Allahabad High Court ruled that forcibly grabbing the breasts of an 11-year-old girl and breaking the string of her pyjama were not enough to prove an attempt to commit rape. The court stated that these actions did not clearly show that the accused were determined to commit the crime.
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A bench led by Justice B.R. Gavai has now taken suo motu (on its own) cognisance of this judgment, after another Supreme Court bench refused to accept a petition challenging it.
Charges Reduced
Justice Ram Manohar Narayan Mishra, who gave the March 17 ruling, reviewed the case and concluded that the accused should not be charged with attempted rape under IPC Section 376 (rape) and Section 511 (attempt to commit an offence punishable with life imprisonment). He also excluded Section 18 of the POCSO Act, which punishes attempts to commit sexual crimes against children.
Instead, the court reduced the charges to Section 354(b) of the IPC, which deals with assaulting a woman with the intent to undress her, and Section 9 of the POCSO Act, which punishes aggravated sexual assault on minors.
The Supreme Court’s decision to review the case could lead to changes in how such crimes are interpreted under the law.
