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.