A high court in India has ruled that grabbing a minor’s breasts and breaking the string of her pyjamas does not constitute an attempt to rape, sparking widespread outrage and calls for Supreme Court intervention.
The ruling was issued by Allahabad High Court in a case involving an 11-year-old girl who was attacked in Uttar Pradesh’s Kasganj district in 2021.
According to the prosecution, two men, Pawan and Akash, allegedly grabbed the child’s breasts, tore the string of her pyjamas, and attempted to drag her beneath a culvert. The girl, whose name has not been disclosed due to legal reasons, had been walking with her mother when the accused, who knew the family, offered her a ride on their motorcycle.
Her screams alerted passers-by, who intervened, forcing the attackers to flee.
A trial court had initially summoned Pawan and Akash on charges of rape under the Protection of Children from Sexual Offences (Pocso) Act. However, after the accused challenged the charges, Justice Ram Manohar Narayan Mishra ruled on Monday that the allegations did not amount to an attempt to rape. Instead, the judge modified the charges to assault or use of criminal force with intent to disrobe.
“The allegations levelled against the accused Pawan and Akash and facts of the case hardly constitute an offence of attempt to rape,” Justice Mishra stated in the ruling. “In order to bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation. The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination.”
The court further observed that there was no evidence suggesting an intention to commit rape. Justice Mishra noted: “The specific allegation against Akash is that he tried to drag the victim beneath the culvert and broke the string of her pyjami. It is also not stated by witnesses that due to this act of the accused, the victim got naked or got undressed. There is no allegation that the accused tried to commit penetrative sexual assault against the victim.”
The decision has drawn severe backlash from activists, politicians, and legal experts.
Senior lawyer Indira Jaising described the ruling as deeply troubling and called for Supreme Court intervention, stating on X (formerly Twitter): “Requires suo moto action by Supreme Court. Judges have been pulled up for much less by Supreme Court.”
Union Minister Annapurna Devi also criticised the verdict, saying, “I don’t support this decision, and the Supreme Court should also reconsider this decision because it will have an adverse impact on civil society.”
Rajya Sabha MP Swati Maliwal expressed outrage, calling the judgment “insensitive and dangerous for society”.
“God save this country with such judges adorning the Bench,” wrote parliamentarian and senior advocate Kapil Sibal. “The Supreme Court has been too soft in dealing with errant judges!” Mr Sibal wrote: “God save this country with such judges adorning the Bench. The Supreme Court has been too soft in dealing with errant judges.”
Activist Shabnam Hashmi called the ruling “shameful,” adding: “The child was saved only because passersby intervened. The judge does not see the intent to rape!”
Social media users also expressed anger over the ruling, with many questioning the judiciary’s approach to sexual violence. One user highlighted, “Mind you, this was done to an 11-year-old girl, a literal child. Somehow grabbing breasts and tearing the pyjama string of an 11-year-old child by two men is not an attempt to rape.”
Concerns over the judiciary’s interpretation of sexual offences come amid rising crimes against children in India.
According to the 2022 National Crime Records Bureau (NCRB) report, Uttar Pradesh reported the highest number of cases under the Pocso Act, with 7,955 incidents, followed by Maharashtra with 7,467 cases. Nationally, 62,095 cases were registered under Pocso sections in 2022. The report also noted an 8.7 per cent rise in crimes against children, with 1,62,449 cases recorded in 2022, up from 1,49,404 in 2021.
