The Supreme Court has initiated suo motu proceedings to examine a controversial Patna High Court judgment that acquitted a man accused of attempted rape, taking exception to remarks recorded in the order.
A three-judge bench presided over by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana intervened on Wednesday, issuing notice to the high court’s registry after noting that the ruling contained offending observations.
Background Of The High Court Judgment
The proceedings arise from a July 9 decision by the Patna High Court that overturned the conviction of an accused individual in an alleged sexual assault case. The prosecution had accused the man of attempting to rape a client inside his photography studio.
In setting aside the conviction, the high court concluded that the prosecution had failed to establish the charges against the accused.
High Court’s Legal Reasoning
The high court observed that acts involving pressing a woman’s chest and trying to disrobe her salwar did not unequivocally establish an attempt to commit rape.
The court further held that even if the allegations presented by the prosecution were accepted in their entirety, the conduct would at best constitute the offence of using criminal force or assault intended to outrage a woman’s modesty under Section 354 of the Indian Penal Code.
