Daijiworld Media Network – New Delhi

New Delhi, Feb 18: The Supreme Court of India has set aside a controversial order of the Allahabad High Court which had held that grabbing a minor survivor’s breasts, breaking the string of her pyjamas and attempting to drag her under a culvert did not amount to rape or attempted rape.

Coming down strongly on the High Court’s reasoning, a bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and N V Anjaria, observed that adjudication in cases involving sexual offences requires not only sound legal reasoning but also empathy and sensitivity.

“We cannot agree with the finding of the High Court that the allegations only amount to preparation, but not an attempt, towards the commission of the offence of rape,” the apex court said in its judgment delivered on February 10, 2026.

The controversy stemmed from a March 17, 2025 order of the Allahabad High Court modifying a trial court’s summoning order against two accused, Pawan and Akash. The prosecution alleged that the accused grabbed the breasts of an 11-year-old girl, broke the string of her lower garment and tried to drag her beneath a culvert before passers-by intervened.

The trial court had found sufficient grounds to proceed for attempted rape under Section 376 of the IPC and Section 18 of the Protection of Children from Sexual Offences Act (POCSO) Act. However, the High Court altered the charges to Section 354-B of the IPC (assault with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault), holding that there was no clear evidence of intent to commit rape.

Justice Ram Manohar Narayan Mishra of the High Court had observed that the accused fled the scene after being caught and that no further act was attributed to them to establish a determined intent to commit rape.

The Supreme Court subsequently took suo motu cognisance of the High Court’s order and stayed its implementation on March 26, 2025.

In its final verdict, while declining to frame immediate guidelines for judges, the apex court underscored the urgent need to foster compassion and sensitivity in the judicial approach to cases involving sexual offences and other vulnerable litigants.

“There is no doubt that some action is required to be taken to inculcate and nurture an inherent sensitivity and discernment into the approach of members of the judiciary,” the court observed, stressing that judicial decisions must reflect “compassion, humanity, and understanding.”

The court directed the National Judicial Academy (NJA) in Bhopal to constitute a committee of experts to prepare a report and draft comprehensive guidelines on handling cases involving sexual offences and vulnerable victims, complainants or witnesses.

The committee has been asked to submit its report preferably within three months. The court further directed that the proposed guidelines must be framed in simple language, take into account India’s linguistic diversity and be accessible to laypersons.

Emphasising that justice in sexual offence cases must extend beyond strict legal interpretation, the Supreme Court reiterated that courts must remain sensitive to the specific vulnerabilities faced by victims to ensure “complete justice.”