Grabbing minor’s breasts, pulling pyjama string can constitute attempt to sexual assault: Supreme Court
PTC Web Desk: In an important clarification on criminal law, the Supreme Court of India has held that acts such as forcibly grabbing a minor’s breasts and pulling the string of her pyjama may amount to an attempt to commit sexual assault. The court set aside a previous order of the Allahabad High Court, which had described the alleged acts as merely preparatory in nature.
The Bench, led by the Chief Justice of India along with two companion judges, observed that the High Court had not correctly applied established principles of criminal jurisprudence while assessing the case. The top court noted that, at a prima facie level, the allegations suggested more than simple preparation and reflected a clear progression towards the commission of a serious offence.
The matter came before the Supreme Court through a suo motu proceeding after it took note of the High Court’s March 17, 2025 judgment. In that order, the High Court had said that the alleged conduct would fall under offences related to assault or use of criminal force with intent to disrobe, rather than attempt to commit sexual assault.
Disagreeing with this interpretation, the Supreme Court said a careful reading of the complaint indicated that the accused persons had acted with a pre-determined intention. It restored the original summons order dated June 23, 2023, passed by the Special Judge under the Protection of Children from Sexual Offences (POCSO) Act in Kasganj, thereby reviving the more serious charge under Section 376 of the Indian Penal Code.
At the same time, the court made it clear that its observations were limited to a preliminary assessment based on the complaint and prosecution material. It emphasised that the ongoing trial would determine the final outcome, and that nothing in its judgment should be treated as a finding on guilt.
According to the case record, the incident dates back to November 10, 2021. The complainant had alleged that she and her 14-year-old daughter were returning home when three men from their village offered the girl a ride. It was claimed that the motorcycle was stopped along the way and the minor was subjected to inappropriate physical contact. The situation reportedly came to an end when others reached the spot after hearing her cries, leading the accused to leave.
- With inputs from agencies
