New Delhi: The Supreme Court of India has delivered a landmark judgment overturning an earlier ruling of the Allahabad High Court, which had observed that grabbing a woman’s breasts or pulling her clothes amounted only to “preparation for rape” and not an “attempt to rape.”
A Bench led by Chief Justice Surya Kant clarified that such acts fall squarely within the ambit of attempt to rape, given the clear intent reflected in the accused’s conduct.
The apex court termed the High Court’s observations legally unsustainable and restored stringent charges against the accused under the Protection of Children from Sexual Offences (POCSO) Act and relevant provisions of the Indian Penal Code (IPC).
The case pertains to a 2021 incident involving a 14-year-old minor girl who was allegedly molested by two men on the way and dragged towards a bridge. The Supreme Court said the actions of the accused clearly demonstrated criminal intent and could not be trivialised as mere physical assault.
The court upheld the original summoning order passed by a special court in Kasganj, paving the way for trial of the accused on serious charges of attempt to rape.
