SC sets aside controversial Allahabad HC ruling on rape attempt, moots guidelines to 'infuse sensitivity' in judicial handling of sexual offence cases

NEW DELHI: The Supreme Court has set aside the controversial Allahabad High Court judgment that had ruled grabbing a minor’s breasts and breaking her pyjama string was not sufficient to constitute a charge of attempt to rape.

Disposing of the suo motu matter, including the criminal appeals arising from petitions filed by two NGOs and the victim's mother, a Bench headed by Chief Justice of India (CJI) Surya Kant held that the Allahabad High Court’s reasoning was based on a "patently erroneous application of the settled principles of criminal jurisprudence".

"The attempt made by the accused persons appears clearly and inevitably leads us to conclude that, prima facie, a case for invoking the provisions of attempt to commit rape has been made out by the complainant and the prosecution," the Bench, also comprising Justices Joymalya Bagchi and N.V. Anjaria, said.