Supreme Court pulls up Patna HC over 'grabbing breast' order
What's the story
The Supreme Court has slammed the Patna High Court over its controversial ruling that attempted removal of a woman's salwar and pressing her chest does not amount to an attempt to rape. Chief Justice of India Surya Kant raised concerns over the "lack of thorough research" before such judgments are delivered. The issue was raised during a suo motu case hearing by the apex court, which was examining judicial approaches in sexual offense cases.
Court proceedings
Case in SC on similar Allahabad HC judgment
During the hearing, senior Advocate Shobha Gupta had drawn the Supreme Court bench's attention to a recent judgment of the Patna High Court, telling the bench that this has been happening every now and then.
Justice Purnendu Singh of the Patna High Court had recently held that if a person removed the woman's salwar and pressed her chest, the acts would amount to the offense of outraging a woman's modesty and not constitute an attempt to rape.
New guidelines
Supreme Court approved report by National Judicial Academy
The Supreme Court bench, which included Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohan, expressed concern over the Patna High Court's observations.
Chief Justice Kant emphasized the need for more judicial scrutiny before issuing such rulings, saying that there is a lack of "thorough research."
"The staff is doing nothing," the CJI stated.
The bench also indicated that it would pass a detailed order on the matter.
Court directive
SC directs states to issue instructions regarding handbooks
During the hearing, the apex court also approved a report by the National Judicial Academy's Expert Committee on judicial sensitivity in sexual offense cases.
It directed all courts across India to strictly adhere to the expressions and terminology prescribed in the approved handbook.
It further directed states to issue instructions to all police stations regarding these handbooks while registering FIRs and filing chargesheets.
"We will upload a reasoned judgment also," the court stated.
Case details
Patna HC overturned conviction in 2008 case
The Patna High Court had made the controversial observations while overturning a man's conviction for attempt to rape in a 2008 case.
The prosecution alleged that the survivor was taken to a photography studio by her father in Bihar's Amarpur.
After taking her photograph, the studio owner allegedly asked her father to wait outside, locked the studio door from inside and attempted to remove her salwar and pressed her chest with the intention of committing rape.
Case ruling
No medical evidence to support attempted rape allegation
A trial court had convicted the accused for attempt to rape and wrongful confinement. However, the Patna High Court overturned the conviction, saying there was no medical evidence to support an attempted rape allegation.
The court noted that no medical evidence was presented to substantiate the claim of attempted rape and observed that the investigating officer wasn't examined during trial.