‘Patently Erroneous’: Supreme Court Restores Rape Attempt Charges In Minor Assault Case

‘Patently Erroneous’: Supreme Court Restores Rape Attempt Charges In Minor Assault Case

In In Re: Order dated 17.03.2025 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024, the Supreme Court of India set aside an order of the Allahabad High Court that had reduced charges in a case involving sexual assault on a minor girl. A bench led by Surya Kant, with Joymalya Bagchi and N. V. Anjaria, held the High Court’s reasoning “patently erroneous.” The Supreme Court restored the original charges under Section 376 IPC read with Section 18 of the Protection of Children from Sexual Offences Act, 2012, noting that the alleged acts went beyond mere preparation. It emphasized the need for judicial sensitivity in sexual offence cases and directed the National Judicial Academy to prepare India-centric guidelines to ensure courts handle such cases appropriately, keeping victims’ rights and social realities in focus.