Politics
Supreme Court flags Patna HC rape attempt ruling
Hindustan Times··2d ago
The Supreme Court on Wednesday took suo motu cognisance of a Patna High Court judgment. That court held removing a woman's salwar and pressing her chest did not amount to attempt to rape. A bench led by Chief Justice Surya Kant said the judgment has offending portions. It issued notice to acquitted accused Himanshu Pathak over the 2008 studio case.
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What It Means For You
- The Patna High Court acquittal is now under Supreme Court scrutiny after suo motu notice.
- The state government was directed to help serve notice on Himanshu Pathak through local police.
- Chief Justice Kant said the judgment can be set aside only after the accused is heard.
What's Happening
- Senior advocate Shobha Gupta brought the July 9-uploaded High Court order to the court's attention.
- The High Court had recast the acts as outraging modesty under Section 354 and acquitted on attempt-to-rape counts.
- The bench also included Justices Joymalya Bagchi and V Mohana.
What the High Court held
- The High Court described confinement, attempted salwar removal and chest pressing as criminal force to outrage modesty.
- It said charges under Sections 375, 376 and 511 were not made out.
- The victim had gone to a photo studio with her father in 2008 when the assault occurred.
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