SC Sets Aside Allahabad HC Order

Apex court restores attempt-to-rape charges, orders panel for judicial sensitisation

February 18, 2026: The Supreme Court of India has set aside a controversial ruling by the Allahabad High Court in a case involving the alleged attempted rape of an 11-year-old girl. The High Court had observed that dragging the victim under a culvert, holding her breasts and loosening her pyjamas’ drawstring did not amount to attempt to rape. Overturning the March 17 judgment, the apex court restored the attempt-to-rape charge and stressed the need for greater judicial sensitivity in cases of sexual offences.

The High Court order, delivered by Justice Ram Manohar Narayan Mishra, had dropped charges under Section 376 and Section 18 of the IPC, as well as relevant provisions of the Protection of Children from Sexual Offences Act, directing instead that proceedings continue under Section 354-B IPC and Section 9 of the POCSO Act. Taking note of widespread concern raised by social organisations, the Supreme Court stayed the order at the outset and has now fully quashed it. The bench clarified that preparation and attempt are distinct legal concepts, and the acts alleged in this case went beyond mere preparation.

In a significant move, the court directed the formation of an expert committee to frame guidelines to make the judiciary more sensitive in handling sexual offence cases. The panel will be constituted and chaired by Justice Aniruddha Bose, Director of the National Judicial Academy, and will include legal experts, academicians and social workers. The committee has been tasked with drafting simple, accessible guidelines, consulting stakeholders, identifying objectionable terminology, and ensuring that the judicial process better protects vulnerable sections, especially women and children.