'Offending portions': SC takes suo motu cognisance of Patna HC verdict in rape attempt case

The Supreme Court on Wednesday took suo motu cognisance of a recent Patna High Court judgment that acquitted a man of an attempt-to-rape charge in a 2008 case, saying the order contained “offending portions”.

A bench headed by Chief Justice of India Surya Kant issued notice to the accused, Himanshu Kr Pathak, and asked the Bihar government to assist in serving the notice through the local police. The case came before the top court after senior advocate Shobha Gupta brought the July 9 judgment to its attention.

Supreme Court flags HC observations

“There are some offending portions in this judgment. We can only set it aside after hearing the accused,” the CJI-led bench said.

The bench, also comprising Justices Joymalya Bagchi and V Mohana, has not yet set aside the Patna High Court verdict. The accused will first have to be heard.

The Patna High Court had overturned the conviction of Pathak, who had been sentenced by a trial court in 2013 under Sections 376/511 and 342 of the Indian Penal Code.

What the Patna HC had held

The case dates back to January 2008, when the victim had gone with her father to a photo studio in Amarpur, Bihar. According to the prosecution case, Pathak took her inside the studio, asked her father to remain outside and bolted the door.

The victim alleged that he attempted to remove her salwar and sexually assaulted her before she raised an alarm. Her father then forced the door open, following which the accused fled.

In its July 9 judgment, the High Court said the allegations established the use of criminal force and an act intended to outrage the woman's modesty. It held that the evidence did not establish the ingredients of attempt to rape under Sections 376 and 511 of the IPC and acquitted the accused of those charges.

Case now before Supreme Court

The High Court's judgment had noted the absence of medical evidence and examined inconsistencies in the prosecution evidence while considering whether the attempt-to-rape charge had been proved.

The Supreme Court's suo motu proceedings will now examine the concerns raised over the High Court's reasoning. The accused has been issued notice, and the matter will proceed after he is given an opportunity to respond.