India News : In a landmark judgment on sexual offences, the Supreme Court of India has overturned a controversial ruling of the Allahabad High Court, holding that forcibly holding a woman with sexual intent and loosening the drawstring of her salwar constitutes attempt to rape, not a lesser offence.
The top court set aside the March 2025 order of the Allahabad High Court, which had earlier treated such conduct as merely outraging the modesty of a woman. The Supreme Court observed that reducing the gravity of such acts reflects a serious lack of judicial sensitivity and undermines the core principles of justice.
The verdict was delivered by a special bench comprising Chief Justice Justice Suryakant, Justice Joymalya Bagchi, and Justice N V Anjaria. The bench restored the stringent charge of attempt to rape under the POCSO Act against the accused.
The court stressed that judges dealing with sexual offence cases must look beyond technical interpretations of law and carefully consider the factual reality, psychological trauma, and vulnerability of survivors. It underlined that justice without empathy and compassion cannot be considered complete justice.
Going beyond the case at hand, the Supreme Court also directed the Director of the National Judicial Academy to constitute an expert committee. This panel will frame clear and accessible guidelines to enhance judicial sensitivity in sexual offence cases, ensuring consistent, humane, and victim-centric justice across courts.
