'Faith in justice restored': Supreme Court sets aside Allahabad HC order in minor assault case

By A Representative 

Expressing relief and happiness over a recent judgment of the Supreme Court of India, the mother of a minor girl said the decision has reinstilled her faith in the justice system after the apex court set aside an earlier order of the Allahabad High Court.

Last year in March, the Allahabad High Court had held that grabbing the minor victim’s breast and breaking the string of her pyjama did not amount to an attempt to commit rape, but constituted only “preparation.” Challenging the ruling, Just Rights for Children, a network of over 250 NGOs working on child protection, filed a Special Leave Petition in the Supreme Court representing the victim.

Acting on the petition, a three-judge Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice N.V. Anjaria set aside the High Court’s order, terming it a “patently erroneous application of the settled principles of criminal jurisprudence.” The Bench restored the original stringent charge of attempt to rape against the two accused under the Protection of Children from Sexual Offences (POCSO) Act.

“This decision has restored my faith that the law can protect children and victims. I hope no other child has to struggle to be believed, and that this judgment helps many others who cannot speak for themselves,” said the mother, whose daughter was 11 years old at the time of the incident. She added that the network stood by them when they felt unheard and powerless. “Their support gave us the courage to continue seeking justice,” she said.

The incident took place in November 2021 in Kasganj, Uttar Pradesh, where the two accused allegedly dragged the girl under a culvert and attempted to undress her. She was rescued after two witnesses rushed to the spot on hearing her cries. However, in March 2025, the High Court ruled that the allegations amounted only to preparation and were insufficient to establish the offence of attempt to rape or rape, leading to dilution of charges.

In its order, the Supreme Court also directed the National Judicial Academy in Bhopal to constitute a committee to prepare a comprehensive report on developing guidelines to inculcate sensitivity among judges and within judicial processes when dealing with cases involving vulnerable victims of sexual abuse. The Academy has been granted three months to submit the report.

The Court observed, “When an attempt is being made to explain and clarify the different concepts, rights, procedures, and best practices to be followed, the Committee must ensure that the report is comprehensive and exhaustive, including appropriate and adequate explanations and illustrations wherever necessary.”

Welcoming the ruling, H.S. Phoolka, Senior Counsel for Just Rights for Children, described the judgment as historic. “This judgment will go a long way in strengthening protections for victims. It sends a clear message that bias and prejudice against survivors have no place in judicial reasoning. We are grateful to the Bench for this order,” he said.

Ravi Kant, National Convenor of Just Rights for Children, said the verdict marked the outcome of a determined fight for justice and dignity. “We welcome the Supreme Court’s decision, which restores faith in the justice system and reinforces that crimes against children and vulnerable persons must be viewed with seriousness and empathy,” he said.

The Court has also sought suggestions from the network while framing the proposed guidelines.