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India's Supreme Court reversed a lower court’s decision, ruling that assault on an 11-year-old girl constituted attempted rape under the POCSO Act, restoring the original charges.
The Supreme Court of India overturned a 2025 Allahabad High Court ruling that downgraded charges in a case involving an attempted rape of an 11-year-old girl, ruling that grabbing her breast, breaking her pyjama string, and dragging her under a culvert constituted a clear attempt to rape under the POCSO Act.
The top court restored the original summons issued by the Special Judge in Kasganj, rejecting the High Court’s finding that the acts were mere preparation, and emphasized that such conduct demonstrated premeditated intent.
It criticized the lower court’s reasoning as legally flawed and lacking sensitivity, noting the crime was interrupted only by bystanders.
The Supreme Court directed the National Judicial Academy to form an expert committee to draft accessible, multilingual guidelines for handling sexual offense cases with compassion and clarity, with a three-month deadline.
The ruling, based on a prima facie assessment, does not prejudge the accused’s guilt, which remains subject to trial.
La Corte Suprema de la India revirtió la decisión de un tribunal inferior, dictaminando que el asalto a una niña de 11 años constituía intento de violación bajo la Ley POCSO, restaurando los cargos originales.