SC criticises Patna HC ruling that removing salwar does not constitute rape attempt
Shocking, says court and issues notice to accused who had been acquitted of the charges
The Supreme Court expressed concern over a recent High Court decision that deemed removing a woman's salwar and pressing her chest not to constitute an attempt to rape. A bench headed by Chief Justice of India Surya Kant heard a suo motu case regarding the High Court's ruling, which held that the actions did not "unequivocally establish" an attempt to rape but could at best be considered assault or use of criminal force with intent to outrage a woman's modesty under Section 354 of the Indian Penal Code.
The Chief Justice found the Patna High Court's reasoning "very shocking." The bench issued a notice to the accused, Himanshu Pathak, stating that the outcome of the proceedings could impact his rights. Senior advocate Shobha Gupta questioned the use of the term "preparation" in judicial orders to describe acts short of penetration and highlighted other recent High Court rulings containing insensitive language towards sexual offence victims.
The trial court had sentenced Pathak to three years' rigorous imprisonment and six months' imprisonment for attempting to commit rape and wrongful confinement, respectively. According to the prosecution, the incident occurred on January 19, 2008, in a studio owned by the accused, who allegedly confined the woman, locked the door, attempted to remove her salwar, and sexually assaulted her when her father broke in.
The High Court initially found insufficient evidence of penetration or overt acts constituting an attempt to commit rape and instead convicted Pathak under Section 354 of the IPC for using criminal force with the intention of outraging her modesty.
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