New Delhi, Feb 18 (NationPress) The Supreme Court has overturned the contentious ruling of the Allahabad High Court, which had determined that grabbing a minor's breasts and breaking her pyjama string did not constitute an attempt to rape. In addressing the suo motu matter, including criminal appeals from petitions by two NGOs and the victim's mother, a Bench led by Chief Justice of India (CJI) Surya Kant asserted that the Allahabad High Court's logic was rooted in a "clearly flawed interpretation of established criminal jurisprudence principles".

"The actions taken by the accused appear to establish a prima facie case for invoking the provisions regarding the attempt to commit rape," the Bench, which also included Justices Joymalya Bagchi and N.V. Anjaria, remarked.

The suo motu proceedings were initiated following a letter from senior advocate Shobha Gupta, Founder-President of 'We the Women of India', which emphasized the "insensitive and legally unfounded" remarks made in the Allahabad High Court's order issued in March last year.

In its judgment, a single-judge Bench of Justice Ram Manohar Narayan Mishra from the Allahabad High Court modified the charges against the two accused, who had initially been summoned by the trial court for violations under Section 376 IPC (rape) and Section 18 (punishment for attempting to commit an offence) of the Protection of Children from Sexual Offences (POCSO) Act.

Partly accepting the revision plea from the accused, Justice Mishra ruled that they could instead be summoned for a lesser charge under Sections 354(b) IPC, which pertains to assault or abuse of a woman with the intention of disrobing her, combined with Section 9/10 of the POCSO Act.

Dissenting with that conclusion, the Supreme Court referenced its previous ruling in State of Madhya Pradesh v. Mahendra alias Golu and reiterated the difference between "preparation" and "attempt" in criminal law.

"There exists a clear distinction between ‘preparation’ and ‘attempt’ to commit an offence. The 'preparation' phase involves planning, whereas an ‘attempt’ commences immediately following the completion of preparation," the CJI-led Bench remarked, quoting from the earlier decision.

Upon reviewing the allegations, the Supreme Court noted that the accused had purportedly taken the minor victim on a motorcycle under the guise of giving her a ride home, halted near a culvert, assaulted her, and only fled when witnesses arrived after hearing her cries for help.

"A simple review of these allegations makes it abundantly clear that the case presented indicates that the accused had a premeditated intention to commit an offence under Section 376 of the IPC against her," the apex court stated.

It further indicated that "the intent to commit the crime had begun to materialize" and that the only reason the crime was not fully executed was due to the intervention of bystanders.

As a result, the apex court reinstated the original summons order dated June 23, 2023, issued by the Special Judge (POCSO), Kasganj, and upheld its earlier interim directive that the trial should advance as if summons had been issued under Section 376 read with Section 511 IPC and Section 18 of the POCSO Act.

Simultaneously, the CJI Surya Kant-led Bench clarified that its observations were made from a prima facie standpoint and "should not be construed as an indication of the guilt of the accused, which remains the subject of the ongoing trial".

In its ruling, the Supreme Court also tackled a broader concern raised by the petitioners regarding judicial sensitivity in cases related to sexual crimes and vulnerable victims. It urged the National Judicial Academy, Bhopal, through its Director and former SC judge, Justice Aniruddha Bose, to form a committee of experts tasked with creating a comprehensive report aimed at developing guidelines to enhance sensitivity and compassion in judicial processes involving sexual offences and vulnerable cases.

The expert panel, chaired by Justice Bose and comprising four additional domain specialists, is expected to evaluate past initiatives, gauge their real-world effects, and draft "Guidelines for Judges and the Judicial System in Cases of Sexual Offences and Other Sensitive Incidents Involving Vulnerable Victims, Complainants, and/or Witnesses".

"The primary beneficiaries of these guidelines will be the victims/complainants, many of whom are children, young women, and individuals from vulnerable communities," the Supreme Court noted, adding that the draft would avoid complex, foreign legal terminologies.

The committee has been tasked with delivering its report within three months.

The Supreme Court indicated that upon receipt, the report would be presented to the Chief Justice of India for appropriate administrative action.