Untying pyjama strings counts as rape attempt, says SC, junks high court remark

The Supreme Court disagreed with the High Court's view that the accused grabbing the breasts of an 11-year-old girl, breaking the string of her pyjamas, and trying to drag her beneath a culvert amounted only to preparation and not attempted rape.

The Supreme Court has decided to overturn a controversial Allahabad High Court ruling that held that grabbing a child survivor’s breasts, breaking the string of her pyjamas, and attempting to drag her beneath a culvert did not amount to rape or attempted rape.

Coming down heavily on the Allahabad High Court judgement, a bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and NV Anjaria, pointed out that adjudication in cases of sexual offences requires both legal reasoning and empathy.

"We cannot agree with the finding of the High Court that the allegations only amount to preparation, but not an attempt, towards the commission of the offence of rape," the Supreme Court said.

In its judgment delivered on February 10, 2026, the bench also warned that "complete justice" cannot be served if courts remain insensitive to the specific vulnerabilities faced by litigants.

The controversial observations from the Allahabad High Court came on March 17, 2025, while it was modifying a summoning order against two accused. The prosecution alleged that the accused, Pawan and Akash, grabbed the breasts of an 11-year-old girl, broke the string of her pyjamas, and tried to drag her beneath a culvert before being interrupted by passers-by.

The trial court had found grounds for attempted rape or penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act and issued a summoning order for charges under Section 376 (rape) and Section 18 of the Pocso Act.