The Supreme Court on Tuesday slammed the Patna High Court for holding that attempting to remove any woman's salwar and pressing her chest did not account to rape attempt. Upon hearing the matter, Chief Justice of India Surya Kant expressed concern over the lack of thorough research before delivering such judgements. The remarks were given during the hearing of the court's suo motu case examining judicial approaches in sexual offence cases.
What CJI-Led Bench Said
The matter was raised by the senior advocate Shobha Gupta while the bench was hearing its suo motu proceedings initiated over a judgement of the Allahabad High Court. The High Court had stated that grabbing the breasts of a minor girl and breaking the string of her pyjamas would not amount to an attempt to rape.
While flagging lack of thorough research, CJI Surya Kant asserted that there is a need for greater judicial scrutiny before delivering such verdicts. The bench also approved a report prepared by the National Judicial Academy's Expert Committee. The report contains guidelines on judicial sensitivity in cases involving sexual offences.
"It is directed that all courts shall follow the expression contained in the handbook. States to issue instructions to all police stations to follow handbooks while registering FIR and filing chargesheet. we will upload a reasoned judgment also," the Court stated.
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Patna High Court's Judgement
Earlier, the Patna High Court delivered the controversial verdict while setting aside a man’s conviction for attempted rape in a case dating back to 2008. "In the absence of any evidence of penetration, even to the slightest extent, or any overt act unequivocally constituting an attempt to commit rape, the ingredients of Section 375 IPC, and consequently Section 376 read with Section 511 IPC, are not attracted in absence of any medical corroboration," the High Court had said.