Supreme Court objects to Patna HC judgement on removing salwar, pressing chest not amounting to rape

The Supreme Court on Wednesday raised concerns over a recent Patna High Court judgment which declared that removing a woman's salwar and pressing her chest does not constitute an attempt to rape. The bench, led by Chief Justice of India Surya Kant, stated that the judgment contained "offending portions" and expressed the need to hear the accused for a final decision.

The court directed the state government to assist in serving a notice to the accused, Himanshu Pathak, via the local police. The matter was brought to the court's attention by senior advocate Shobha Gupta following the publication of the high court's order on July 9. The court had taken suo motu cognizance of the verdict, which had acquitted Himanshu Pathak of all charges.

During the incident in 2008, the accused allegedly confined the victim inside a photo studio, bolted the door from within, and attempted to remove her salwar and press her chest. The victim's father forced the accused to release the door, leading to his arrest. The high court had ruled that the acts amounted to outraging the modesty (Section 354 of the Indian Penal Code) and acquitted the accused, arguing that charges under Sections 375, 376, and 511 of the IPC could not be made out.