The Supreme Court of India quashed the Allahabad High Court ruling that treated alleged acts of sexual assault as mere preparation and not attempt to rape. The Supreme Court quashed HC rape attempt ruling and restored charges under Section 376 IPC and the POCSO Act.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and N.V. Anjaria, allowed the appeal and revived the original summons issued by the Special Judge (POCSO) in Kasganj. The court said the High Court misread the facts and diluted serious charges without proper basis.
The bench noted that the accused allegedly grabbed the minor’s breast, broke her pyjama string and dragged her near a culvert. Moreover, the accused allegedly took her on a motorcycle on the pretext of dropping her home. The assault stopped only after witnesses reached the spot on hearing her cries.
Therefore, the court ruled that these acts went beyond preparation and clearly indicated intent to commit rape. However, it clarified that its observations remain prima facie and will not affect the trial.
In addition, the court directed the National Judicial Academy to form an expert panel headed by former judge Justice Aniruddha Bose. The panel will frame guidelines to promote sensitivity in cases involving sexual offences.
The court had taken suo motu cognisance after a letter from “We the Women of India” raised concerns about the High Court’s reasoning.
