New Delhi, 19 February (H.S): The Supreme Court has set aside an Allahabad High Court order that had diluted charges in a sexual assault case involving a minor, restoring the offence of attempt to rape under the Protection of Children from Sexual Offences (POCSO) Act.

A three-judge bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and N.V. Anjaria, termed the High Court decision a “patently erroneous application of settled principles of criminal jurisprudence” and reinstated the original stringent charges against the two accused.

The case relates to a 2021 incident in Kasganj, Uttar Pradesh, where an 11-year-old girl was allegedly dragged under a culvert and an attempt was made to disrobe her before she was rescued by passersby. In March last year, the Allahabad High Court had held that the allegations amounted only to preparation and not attempt to rape, leading to dilution of charges.

The order was challenged in the Supreme Court by the child protection network Just Rights for Children, which filed a petition on behalf of the victim. Acting on the plea, the apex court reversed the High Court ruling.

The court also directed the National Judicial Academy, Bhopal, to constitute a committee to prepare a comprehensive report recommending guidelines to promote sensitivity in handling cases involving vulnerable victims of sexual abuse. The committee has been asked to submit its report within three months.

Family members of the minor expressed relief over the judgment, saying the decision restored their faith in the justice system. Representatives of the child rights network also welcomed the ruling, describing it as an important step towards strengthening legal protection for survivors.

Legal observers noted that the judgment reinforces the need for careful interpretation of offences involving minors and emphasises sensitivity while dealing with cases under the POCSO Act.

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Hindusthan Samachar / Indrani Sarkar