Supreme Court takes suo moto cognisance of Allahabad HC’s ‘grabbing breasts not rape attempt’ order

On March 24, Justices Bela Trivedi and Prasanna B Varale of the Supreme Court chose not to entertain a public interest litigation (PIL) petition filed against the Allahabad High Court ruling

The Supreme Court has taken suo moto cognisance of a contentious Allahabad High Court ruling that mere grabbing of the breast and pulling the string of a 'pyjama' do not constitute the offence of rape.

A bench comprising Justices BR Gavai and Augustine George Masih is set to hear the case on March 26.

Supreme Court takes suo moto cognisance of the Allahabad High Courts ruling, which stated that grabbing a minor girls breasts, breaking her pyjama and trying to drag her beneath a culvert would not come under the offence of rape or an attempt to rape. pic.twitter.com/un6UDl5GaM

ANI (@ANI) March 25, 2025

On March 24, Justices Bela Trivedi and Prasanna B Varale of the Supreme Court chose not to entertain a public interest litigation (PIL) petition filed against the Allahabad High Court ruling.

The Allahabad court, in a Protection of Children from Sexual Offences (POCSO) case regarding the alleged rape of a minor girl, ruled that grabbing the victim’s breasts and snapping her pyjama strings does not amount to rape or attempted rape, but is still considered serious sexual assault.

In his ruling, Justice Ram Manohar Narayan Mishra noted that after reviewing the facts of the case involving an 11-year-old girl, it was an assault on the dignity of a woman, though it couldn't be categorised as an attempt to rape.

The order was passed by Justice Ram Manohar Narayan Mishra on a revision petition filed by two persons who moved the court, challenging the order of a special judge of Kasganj by which the court had summoned them under Section 376 of IPC apart from other sections.

In its observation, the court also made a distinction between the “preparation stage” and an “actual attempt”.