SC: Groping, untying pant attempt to rape

PRESS TRUT OF INDIA

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The Supreme Court has ruled that grabbing of breasts and pulling the pyjama string amount to “attempt to rape”, setting aside a controversial Allahabad High Court order which said these were only “preparation to commit rape”.

A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and NV Anjaria said the impugned order was liable to be set aside on account of the “patently erroneous application of the settled principles of criminal jurisprudence”.

The court passed the order February 10 on a suo motu plea in which it had taken cognisance of the Allahabad High Court order, which stated that mere grabbing of the breasts and pulling the string of a pyjama did not amount to the offence of rape.

While setting aside the HC judgement, the top court restored the original stringent charge of attempt to rape against two accused under the Protection of Children from Sexual Offences (POCSO) Act.