Supreme Court Says Un-tying Pyjama and Touching Breasts Can Be an Attempt to Rape
Recently, the Supreme Court of India stepped in to correct a deeply controversial ruling by the Allahabad High Court. In a case involving the sexual assault of a minor, the High Court had said that grabbing the victim’s breasts and breaking the string of her pyjama was not enough to count as rape or even an attempt to rape, a view that alarmed many legal experts and citizens alike.
The Supreme Court has now set aside that High Court order and restored the more serious charge of attempt to rape against the accused. According to the top court, the facts of the case showed clear intent to commit a serious sexual offence, and acts like groping and trying to remove clothing cannot be brushed off as mere “preparation.”
The bench led by Chief Justice Surya Kant said the earlier ruling was based on a flawed understanding of the law, and stressed that such actions, especially against a minor, clearly go beyond what could be called just an assault, and they point towards the commission of a violent sexual act.
This decision has important implications for how courts treat the line between preparation and attempt in sexual offence cases, especially under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code. It reinforces that courts must read such actions in light of the real harm and intent involved, not just technical legal definitions.