‘Can’t Agree’: Supreme Court Overturns Allahabad HC Order On Minor Assault Case
The Supreme Court of India has set aside a controversial order of the Allahabad High Court in a case involving the alleged sexual assault of an 11-year-old girl.
The High Court had earlier ruled that acts such as grabbing the minor’s breasts, breaking the string of her pyjama and trying to drag her under a culvert did not amount to rape or attempt to rape.
The Supreme Court disagreed with this view.
A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and NV Anjaria, said courts must deal with sexual offence cases with empathy and sensitivity, not just technical legal interpretation.
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According to the prosecution, the two accused, Pawan and Akash, allegedly assaulted the minor girl.
One of them broke the string of her lower garment and tried to drag her beneath a culvert. They fled when passers-by intervened.
The trial court had treated the incident as an attempt to rape under Section 376 of the IPC and Section 18 of the POCSO Act.
However, in its March 17, 2025, order, the Allahabad High Court modified the charges.
It said the allegations showed preparation but not an attempt to commit rape. The High Court directed that the accused be tried under Section 354-B of the IPC (assault with intent to disrobe) and Sections 9 and 10 of the POCSO Act for aggravated sexual assault.
During the hearing, the top court said the High Court’s reasoning was problematic. It was observed that while aggravated sexual assault provisions may apply, the test for deciding an “attempt to rape” was wrongly applied.
The bench said courts must not apply technical terms like “preparation” and “attempt” mechanically. Instead, they should carefully look at the facts of each case.
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Senior lawyers in the case also argued that judicial language should not reduce or ignore the real experiences of victims of sexual crimes.
In its final judgment, the Supreme Court stressed the need for greater sensitivity in handling sexual offence cases.
“There is no doubt that some action is required to inculcate and nurture an inherent sensitivity and discernment into the approach of members of the judiciary,” the court said.
While the court did not issue fresh guidelines, it directed the National Judicial Academy in Bhopal to form an expert committee.
The committee will prepare a report and suggest guidelines to promote compassion and sensitivity in cases involving sexual offences and other vulnerable victims. The report is expected within three months.
