Grabbing Breasts, Breaking Clothes And Dragging Into A Culvert Is Not Enough For Attempt To Rape?

On 26th March 2025, the Supreme Court of India took suo motu cognizance against a recent insensitive judgment of the High Court of Judicature at Allahabad, which arose after a letter was written by the “We the Women of India”. Gavai and Justice A.G. Masih, while granting a stay on the concerned paragraphs of the judgment, held that “observations are unknown to the cannons of law and depict totally insensitive and inhuman approach.” Earlier on 17th March 2025, the Allahbhad HCt delivered its judgment in the case Akash v Uttar Pradesh,, wherein it held that grabbing the breasts of the 14-year old female, breaking the string of her pyjama and trying to drag her beneath the culvert before fleeing the spot does not amount to the offence of rape or an attempt to rape. Troubles in Reasoning Justice Ram Manohar Narayan Mishra's decision that the actions of the accused—grabbing the X's breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert—did not constitute an "attempt to rape" under Section 376 of the IPC read with Section 511 of the IPC raises significant concerns regarding its interpretation of the law and its application to sexual offences. Applying this test to the present case, the accused's actions in breaking X's pajama string and attempting to drag her beneath the culvert constitute a "direct movement towards commission" of rape. Similarly, the Jammu and Kashmir High Court in the case of Fayaz Ahmad Dar v UT of J & K,, has held that the act of an accused therein to take off his own and the victim's trousers, in the absence of penetration, does not amount to an 'attempt to rape' within the meaning of Section 376/511 of the IPC.