The Supreme Court on Tuesday overturned the Allahabad High Court order, which had ruled that grabbing a child victim’s breasts, breaking her pyjama string, and attempting to drag her under a culvert do not amount to rape or an attempt to rape.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and NV Anjaria stressed that adjudication in sexual offence cases must be grounded not only in legal principles but also in empathy.
“We disagree with the High Court’s conclusion that the allegations reflect mere preparation rather than an attempt to commit rape,” the Court ruled.
According to a report by Bar and Bench, in a judgment delivered on February 10, the Bench cautioned that courts cannot deliver “complete justice” without regard to litigants’ vulnerabilities.
“Our decisions in the legal process, from establishing procedures for ordinary citizens to final judgments, must embody compassion, humanity, and understanding to foster a fair and effective justice system,” the Court stated.
The Bench acknowledged the need for systemic reforms to instill sensitivity in judges, stating, “Action is essential to cultivate inherent sensitivity and discernment in judicial approaches and court procedures.”
The Supreme Court overturned the Allahabad High Court’s March 2025 order, which downgraded charges against two accused for assaulting an 11-year-old girl from attempted rape to lesser offenses, criticising it for lacking empathy.
In March 2025, Justice Ram Manohar Narayan Mishra held that grabbing the minor’s breasts, breaking her pyjama string, and attempting to drag her under a culvert constituted only preparation, not an attempt to rape; downgraded charges to IPC Section 354B (intent to disrobe) and POCSO Sections 9/10 (aggravated sexual assault).
The Supreme Court took suo motu cognizance of the Allahabad High Court order and stayed it on March 26, 2025, before delivering its final verdict on February 10, 2026.
It criticized the High Court’s distinction between “preparation” and “attempt” in the case, stressing that judges must combine strict legal principles with empathy, compassion, and humanity when handling sexual offense cases.
Instead of issuing guidelines directly, the Court declined to do so itself, citing the need for a thorough review of past efforts and real-world challenges. It directed the National Judicial Academy (NJA) in Bhopal to form an expert committee to prepare a report on building judicial sensitivity for sexual offenses and vulnerable cases, draft simple guidelines in easy, layperson-friendly language that accounts for India’s linguistic diversity, and submit everything within three months.
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