The Supreme Court has expressed serious concern over a recent Patna High Court ruling that stated attempting to remove a woman’s salwar and allegedly molesting her did not constitute 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 arose during the hearing of a suo motu case initiated by the Supreme Court following a controversial judgment of the Allahabad High Court. The apex court had previously directed the National Judicial Academy to establish guidelines to enhance judicial sensitivity in cases involving sexual offenses.
Senior Advocate Shobha Gupta brought the Patna High Court’s order to the Bench’s attention, highlighting that despite the Supreme Court overturning the Allahabad High Court’s ruling, similar observations were made by the Patna High Court in a case with comparable facts.
Justice Surya Kant noted that such rulings often result from inadequate legal research and insufficient study of the law. He mentioned that the Supreme Court would provide detailed observations on the Patna High Court’s decision in its upcoming order.
The case in question from the Patna High Court originated from Banka district’s Amarpur police station area. The forthcoming order from the Supreme Court is anticipated to clarify the legal interpretation of “attempt to rape” in such situations and may offer broader guidance to courts handling sexual offense cases nationwide.
