"Removing Salwar, Pressing Chest: SC Questions Patna HC's Ruling on Attempt to Rape".

New Delhi, July 15 - The Supreme Court has criticized the Patna High Court for its recent order holding that removing a woman's salwar and pressing her chest does not amount to an attempt to rape.

WHAT HAPPENED IN PATNA HIGH COURT - JULY 9

A single-judge bench of Justice Purnendu Singh set aside the conviction of Himanshu Pathak alias Mithiya who was sentenced to 3 years RI by a Banka trial court in 2023

Case: The prosecution alleged the accused, a photography studio owner, confined a woman, attempted to remove her salwar and pressed her chest. The woman raised an alarm and her father forced open the door. 

Patna HC Ruling: The court held that while the acts could amount to outraging a woman's modesty under Section 354 IPC, they did not establish attempt to rape as there was no evidence of penetration or overt act unequivocally pointing to rape. The accused was acquitted. 

SUPREME COURT'S OBSERVATIONS:

The matter came up during a suo motu hearing on judicial sensitivity in sexual offence cases. 

Senior Advocate Shobha Gupta brought the Patna HC order to the Court's notice, saying such orders are happening "every now and then".

CJI Surya Kant said judges have a duty to do legal research and remarked _"The staff is doing nothing".

Justice V Mohana asked if the SC's earlier judgment on judicial sensitisation was cited before the Patna HC. 

SC DIRECTIONS:

The Supreme Court directed:

National Judicial Academy Report on judicial sensitivity in sexual offence cases be uploaded on websites of SC and all High Courts.

All courts shall follow the expressions in the handbook while dealing with sexual offence cases.

State DGPs and Directors of Prosecution to issue instructions to police stations to follow the handbook while registering FIRs and filing chargesheets.The Court will also upload a *reasoned judgment. 

BACKGROUND:

This comes after the SC earlier this year set aside a similar Allahabad High Court order from March 2025 which had held that pulling a girl's pyjama string and grabbing her breasts did not amount to attempt to rape. The SC had then asked NJA to prepare guidelines on sensitivity in sexual offence cases. 

LINE SUMMARY:

Supreme Court pulls up Patna High Court for acquitting a man accused of removing a woman's salwar and pressing her chest, saying such orders lack judicial sensitivity and directs all courts to follow NJA guidelines on sexual crime cases.

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