Supreme Court Restores Attempt to Rape Charge, Overturns Allahabad High Court Order in POCSO Case
In a significant legal development, the Supreme Court restores attempt to rape charge in a controversial case from Uttar Pradesh, overturning a March 2025 order of the Allahabad High Court. The apex court ruled that acts such as groping a minor, breaking her pyjama string, and attempting to drag her to a secluded spot clearly fall within the ambit of attempt to rape.
The verdict, delivered by a bench headed by Chief Justice Suryakant of the Supreme Court of India, comes after the top court took suo motu cognisance of the High Court’s observations, which had sparked widespread criticism across legal and civil society circles.
Background of the Kasganj Minor Assault Case
The case relates to a 2021 incident in Kasganj district of Uttar Pradesh. According to the complaint filed by the victim’s mother in January 2022, three youths allegedly stopped her 14-year-old daughter on the pretext of dropping her home.
The accused reportedly:
Touched the minor’s private parts
Attempted to drag her under a culvert
Broke the string of her pyjama
Allegedly threatened bystanders with a country-made pistol
A case was registered under relevant sections of the IPC and the Protection of Children from Sexual Offences Act (POCSO Act). The special POCSO court in Kasganj issued summons in 2023.
Allahabad High Court Verdict Triggered Controversy
On March 17, 2025, the Allahabad High Court held that the alleged acts did not amount to rape or attempt to rape. It dropped IPC Section 376 and Section 18 of the POCSO Act, directing that the accused be tried under lesser charges related to sexual harassment.
The Allahabad High Court verdict drew sharp criticism. Legal experts argued that such reasoning diluted the seriousness of sexual crimes against minors and risked setting a troubling precedent.
Supreme Court’s Strong Observations
The Supreme Court restores attempt to rape charge, stating unequivocally that physical acts demonstrating clear sexual intent and preparation can constitute attempt to rape.
Earlier, while staying the High Court’s order, the bench had observed that certain remarks reflected an “insensitive and inhuman approach.” The court also cautioned judicial authorities against using language that could intimidate victims or discourage them from pursuing justice.
During hearings in December 2025, the apex court emphasized that judicial reasoning must remain sensitive in cases involving minors, especially under the POCSO framework.
Why This Judgment Matters Now
At a time when crimes against women and minors remain a major concern, this ruling reinforces:
A stricter interpretation of sexual assault laws
Protection of minors under the POCSO Act
Judicial accountability in sensitive cases
Legal experts believe the judgment may guide future courts in interpreting what constitutes “attempt” in sexual offence cases. It also signals that higher courts will intervene if lower court rulings appear to undermine victim protection.
Practical Takeaways
For legal practitioners and observers:
Courts may adopt a broader interpretation of “attempt” in sexual crimes.
POCSO-related cases will likely see stricter judicial scrutiny.
Victim-sensitive language in judgments is now under sharper focus.
By overturning the High Court’s order, the Supreme Court restores attempt to rape charge and sends a strong message on safeguarding minors’ rights. The ruling not only corrects a controversial interpretation but also strengthens the legal framework protecting children under Indian law.
As debates around judicial sensitivity and women’s safety continue nationwide, this landmark decision is likely to shape future legal discourse and reinforce public trust in the justice system.
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