Daijiworld Media Network - Patna
Patna, Jul 15: The Supreme Court on Wednesday voiced strong concern over a Patna High Court judgment that ruled an accused's alleged act of trying to remove a woman's salwar and inappropriately touching her did not constitute an attempt to commit rape.
A Bench comprising Justices Surya Kant, Joymalya Bagchi and V. Mohan heard the matter and indicated that it would pass a detailed order examining the legal reasoning adopted by the Patna High Court.
The issue arose during the hearing of a suo motu case initiated by the apex court in connection with an earlier controversial judgment of the Allahabad High Court. In that case, the Supreme Court had already directed the National Judicial Academy to formulate guidelines aimed at improving judicial sensitivity in cases involving sexual offences.
During the hearing, senior advocate Shobha Gupta drew the court's attention to the Patna High Court ruling, arguing that despite the Supreme Court having overturned the Allahabad High Court's earlier observations, similar reasoning had once again been adopted in a case involving comparable allegations.
She submitted that such judgments continued to be delivered even after the apex court had clearly clarified the legal position. Senior advocate H.S. Phoolka also supported the concerns raised before the Bench.
Responding to the submissions, Justice Surya Kant observed that such decisions often reflected inadequate legal research and insufficient examination of settled legal principles. He said the Supreme Court would address the issue comprehensively in its forthcoming order.
The case before the Patna High Court relates to an incident reported from the Amarpur police station area in Bihar's Banka district.
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 remain outside before taking the woman into a room and locking the door.
The prosecution further claimed that the accused attempted to remove the woman's salwar with the intention of sexually assaulting her and also allegedly touched her breasts. The incident reportedly came to an end after the victim raised an alarm, prompting her father to break open the door, following which the accused fled the premises.
The Supreme Court is expected to issue a detailed order clarifying the legal scope of what constitutes an attempt to rape in such circumstances. The ruling could also provide broader judicial guidance for courts across the country while dealing with cases involving sexual offences.