The Supreme Court on Wednesday took suo motu cognisance of a Patna High Court ruling that held that allegations of attempting to remove a woman’s salwar and pressing her chest did not constitute the offence of “attempt to rape”.
According to a Live Law report, a three-judge bench headed by Chief Justice of India Surya Kant observed that some of the remarks made by the Patna High Court were “offensive”.
During the hearing, CJI Surya Kant told Bihar Advocate General SD Sanjay that the Supreme Court could set aside the High Court’s order only after hearing the accused. He directed the Advocate General to ensure, through the local police, that the accused was duly served notice.
Patna High Court's observations
The Patna High Court had held that allegations of trying to remove a woman’s salwar and molesting her by pressing her chest, in the absence of evidence of penetration or any overt act clearly indicating an intention to commit rape, did not amount to an attempt to rape.
The High Court observed that the allegations, “at best”, disclosed an offence under Section 354 of the Indian Penal Code (IPC), relating to outraging the modesty of a woman. It consequently set aside the appellant’s conviction under Sections 376 read with 511 IPC, which relate to rape and attempt to commit an offence.
Earlier ruling raised before SC
The Patna High Court’s order had earlier been brought to the Supreme Court’s attention in July while it was hearing a suo motu case concerning a controversial Allahabad High Court judgment.
The Allahabad High Court had held that grabbing a minor girl’s breasts, breaking the string of her pyjama and attempting to drag her beneath a culvert did not amount to an attempt to rape.
Senior advocates raise concerns
Senior Advocate Shobha Gupta had told the Supreme Court that despite it taking suo motu cognisance of the Allahabad High Court ruling and subsequently setting it aside, the Patna High Court had passed an order involving similar facts and made comparable observations. Senior Advocate HS Phoolka had also supported the submission.
The Supreme Court had subsequently overturned the Allahabad High Court ruling and issued guidelines calling for greater sensitivity while dealing with cases involving sexual offences.
