Supreme Court questions Patna High Court ruling on attempt to rape
Patna, July 15 : The Supreme Court on Wednesday expressed serious concern over a recent Patna High Court ruling that held that attempting to remove a woman's salwar and allegedly molesting her by touching her inappropriately did not amount to an attempt to rape.
A Bench comprising Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohan heard the matter and indicated that it would issue a detailed order addressing the observations made by the Patna High Court.
The issue surfaced during the hearing of a suo motu case initiated by the Supreme Court following a controversial judgment of the Allahabad High Court.
In that matter, the apex court had already directed the National Judicial Academy to frame guidelines aimed at improving judicial sensitivity while dealing with cases involving sexual offences.
During the proceedings, Senior Advocate Shobha Gupta brought the Patna High Court's order to the Bench's attention.
She argued that despite the Supreme Court having set aside the Allahabad High Court's controversial ruling, the Patna High Court had made similar observations in a case involving comparable facts.
Describing the development as unfortunate, Gupta said such orders continued to emerge even after the Supreme Court had clearly laid down its position.
Senior Advocate H.S. Phoolka also supported the submission.
Responding to the concerns, Justice Surya Kant observed that such rulings often stem from inadequate legal research and insufficient study of the law.
He stated that the Supreme Court would make detailed observations on the Patna High Court's decision in its forthcoming order.
The Patna High Court case originated from Banka district's Amarpur police station area.
According to the prosecution, the victim had accompanied her father to a photography studio owned by a man identified as Himanshu.
The complaint alleges that the accused asked the victim's father to wait outside before taking the young woman into a room and locking the door.
Inside, he allegedly attempted to remove her salwar with the intention of raping her and grabbed her breasts.
The prosecution further stated that when the victim raised an alarm, her father forced open the door, prompting the accused to flee the spot.
The Supreme Court's forthcoming order is expected to clarify the legal interpretation of "attempt to rape" in such circumstances and may provide broader guidance to courts handling sexual offence cases across the country.
A Bench comprising Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohan heard the matter and indicated that it would issue a detailed order addressing the observations made by the Patna High Court.
The issue surfaced during the hearing of a suo motu case initiated by the Supreme Court following a controversial judgment of the Allahabad High Court.
In that matter, the apex court had already directed the National Judicial Academy to frame guidelines aimed at improving judicial sensitivity while dealing with cases involving sexual offences.
During the proceedings, Senior Advocate Shobha Gupta brought the Patna High Court's order to the Bench's attention.
She argued that despite the Supreme Court having set aside the Allahabad High Court's controversial ruling, the Patna High Court had made similar observations in a case involving comparable facts.
Describing the development as unfortunate, Gupta said such orders continued to emerge even after the Supreme Court had clearly laid down its position.
Senior Advocate H.S. Phoolka also supported the submission.
Responding to the concerns, Justice Surya Kant observed that such rulings often stem from inadequate legal research and insufficient study of the law.
He stated that the Supreme Court would make detailed observations on the Patna High Court's decision in its forthcoming order.
The Patna High Court case originated from Banka district's Amarpur police station area.
According to the prosecution, the victim had accompanied her father to a photography studio owned by a man identified as Himanshu.
The complaint alleges that the accused asked the victim's father to wait outside before taking the young woman into a room and locking the door.
Inside, he allegedly attempted to remove her salwar with the intention of raping her and grabbed her breasts.
The prosecution further stated that when the victim raised an alarm, her father forced open the door, prompting the accused to flee the spot.
The Supreme Court's forthcoming order is expected to clarify the legal interpretation of "attempt to rape" in such circumstances and may provide broader guidance to courts handling sexual offence cases across the country.
