'Can't Agree': SC Overturns Allahabad High Court's 'Pulling Pyjama String Not Rape Attempt' Order

Last Updated:February 18, 2026, 10:32 IST

The Supreme Court has set aside the Allahabad High Court order that ruled certain acts against a minor did not amount to attempt to rape.

The Supreme Court has set aside a controversial Allahabad High Court order, which had held that acts such as grabbing the breasts of a minor, breaking the string of her pyjama and attempting to drag her beneath a culvert did not constitute rape or an attempt to rape.

According to a report with Bar and Bench, a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and NV Anjaria underscored that adjudication in cases involving sexual offences must be rooted not only in legal interpretation but also in empathy and sensitivity towards victims.

“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 Supreme Court observed in its judgment delivered on February 10.

The court further cautioned that justice delivery would remain incomplete if courts failed to recognise the vulnerabilities of litigants.

“Our decisions as participants in the legal process must reflect the ethos of compassion, humanity, and understanding, which are essential for creating a fair and effective justice system," the bench said.

THE CONTROVERSIAL ALLAHABAD HIGH COURT ORDER

The matter arose from a March 17, 2025, order passed by a single judge of the Allahabad High Court while modifying a summoning order against two accused, identified as Pawan and Akash.

As per the prosecution’s case, the accused allegedly grabbed the breasts of an 11-year-old girl.

One of them then broke the string of her lower garment and attempted to drag her beneath a culvert. The accused fled after passers-by intervened.

The trial court had treated the incident as an attempt to rape or attempted penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act and summoned the accused under Section 376 of the Indian Penal Code along with Section 18 of the POCSO Act.

However, the High Court modified the charges and directed that the accused be tried under the lesser offence of Section 354-B IPC (assault with intent to disrobe) along with Sections 9 and 10 of the POCSO Act dealing with aggravated sexual assault.

The High Court had observed that the allegations were insufficient to infer a determined intent to commit rape, noting that apart from the acts alleged, no further conduct suggesting such intention had been attributed to the accused.

THEN THE SUPREME COURT TOOK SUO MOTU COGNISANCE

The Supreme Court subsequently took suo motu cognisance of the High Court’s order in March 2025 and stayed its operation.

During the proceedings, the top court found the reasoning adopted by the High Court problematic in terms of legal categorisation and criminal justice standards.

The bench noted that while provisions relating to aggravated sexual assault were applicable, the threshold for determining an attempt to rape had been incorrectly applied.

Senior advocates appearing in the matter also highlighted that judicial language must not diminish or distort the lived realities of victims of sexual crimes.

Counsel submitted that technical distinctions such as “preparation" and “attempt" should not be applied mechanically without considering the factual context of the incident.

In its final verdict, the Supreme Court acknowledged the need for systemic correction and emphasised the importance of inculcating sensitivity within judicial processes.

“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 said.

While declining to frame guidelines itself at this stage, the court directed the National Judicial Academy, Bhopal, to constitute an expert committee to prepare a report and draft guidelines aimed at promoting sensitivity and compassion in cases involving sexual offences and other vulnerable victims.

The committee has been asked to submit its report preferably within three months.

News india 'Can't Agree': SC Overturns Allahabad High Court's 'Pulling Pyjama String Not Rape Attempt' Order

Read More