In Re: Order dated 17.03.2025 Passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and Ancillary Issues 2026 INSC 165 -IPC- POCSO Attempt To Rape

Indian Penal Code 1860 - Section 375 - Protection of Children from Sexual Offences Act, 2012 - Attempt to Rape - As per the prosecution case, the accused persons took the minor victim with them as a pillion rider on their motorcycle, after assuring her mother that they would drop the victim at her residence. The accused persons, instead, stopped the motorcycle near a culvert, dragged her towards it, and committed sexually offensive acts-. However, due to the shrieks of the minor victim, two witnesses reached the spot, causing the accused persons to flee from the site -High Court found that these allegations only amount to preparation, but not an attempt, towards the commission of the offence of rape- Setting aside the said finding, SC observed: The attempt made by the accused persons appears clearly and inevitably leads us to conclude that, prima facie, a case for invoking the provisions of attempt to commit rape has been made out by the complainant and the prosecution. (Para 13-14) Crime - Concepts of ‘preparation’ and ‘attempt’ in criminal jurisprudence - The stage of "preparation" consists of deliberation, devising or arranging the means or measures, which would be necessary for the commission of the offence. Whereas, an "attempt" to commit the offence, starts immediately after the completion of preparation. "Attempt" is the execution of mens rea after preparation. "Attempt" starts where "preparation" comes to an end, though it falls short of actual commission of the crime. (Para 11)

Judiciary - Judgment - No judge or judgment of any court can be expected to do complete justice when it is inconsiderate towards the factual realities of a litigant and the vulnerabilities which they may be facing in approaching a court of law. Our decisions as participants in the legal process, from laying down the procedure that shall have to be faced by common citizens to the final judgment passed in any given case, must reflect the ethos of compassion, humanity, and understanding, which are essential for creating a fair and effective justice system. (Para 19) [Context: SC directed the National Judicial Academy to constitute a Committee of Experts to draft comprehensive, victim-centric guidelines to inculcate sensitivity and compassion in judges and judicial processes in cases of sexual offences and other vulnerable victims.]