'Grabbing breasts, breaking pyjama strings not enough for attempt to rape,' SC takes suo motu cognisance of Allahabad HC order

New Delhi: The Supreme Court has taken a suo motu cognisance of an Allahabad High Court's March 17 order stating that grabbing breasts, breaking pyjama string were not enough for charge of attempt to rape.

A bench of Justices B R Gavai and Augustine George Masih would consider the matter on Wednesday as the judgment has caused massive outrage across the country.

The apex court has registered the suo motu case as In Re: Order Dated March 17, 2025 passed by the High Court of Judicature at Allahabad and Ancillary Issues. In its order, the High Court had said, grabbing a girl’s breasts, breaking the string of her pyjama and trying to drag her beneath a culvert do not suffice to press charges of attempted rape, as they only constitute “preparation”, which is different from an actual attempt to commit the offence. A single bench of Justice Ram Manohar Narayan Mishra made this observation while partially allowing the revision petition filed by two accused persons.

The petition challenged the lower court’s order summoning them to face trial under Section 376 of the IPC (attempt to rape) read with Section 18 of the Protection of Children from Sexual Offences (Pocso) Act.

“The mere fact that, according to the prosecution’s version, the two accused, Pawan and Akash, grabbed the victim’s breasts, and one of them broke the string of her pyjama and attempted to drag her beneath the culvert, but fled the scene upon the interference of passersby or witnesses, is not sufficient to establish a case under Section 376, 511 IPC or Section 376 IPC read with Section 18 of the Pocso Act,” the court observed.

To bring a charge of attempted rape, the prosecution must establish that the act had progressed beyond the stage of preparation. The difference between preparation and an actual attempt to commit an offence lies primarily in the greater degree of determination involved, it further said. The prosecution contended that the accused grabbed the victim’s breasts, broke the string of her lower garment, and attempted to drag her beneath a culvert, but fled when witnesses intervened.