The Supreme Court took suo motu cognizance of the matter considering some of the comments of the Patna High Court as objectionable. The Supreme Court bench has asked the Advocate General of Bihar to send a notice to the accused.
The Supreme Court, while taking suo motu cognizance of the High Court’s comments in a rape case in Patna, terming them objectionable, said that some objectionable comments have been made in the judgment. Also issued a notice to the court registry. The Patna High Court, while acquitting a rape accused on July 9, had said that trying to remove a woman’s salwar and pressing her chest did not “clearly establish” that it was attempted rape.
The bench of CJI Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing this order itself. He said that it can also be rejected after hearing the side of the accused. CJI Surya Kant asked Bihar Advocate General SD Sanjay to send a notice to the accused through the local police.
What did Patna High Court say?
Patna High Court gave its verdict in the case rejecting the attempt to rape the girl inside the studio. The court said that the plaintiff party failed to prove the allegations. The incident of trying to remove the woman’s salwar and pressing her chest cannot be considered as an attempt to rape. Especially when there is no evidence of physical relations and no intention of rape is apparent. Outraging the dignity of a woman is a crime, but the crime of attempted rape is not proven.
What is Bihar rape case?
18 years ago, on January 20, 2008, an FIR was filed against the owner of a studio in Banka, Bihar for attempt to rape. The girl alleged that she had gone to get photographed with her father. Studio owner Himanshu closed the door of the studio. Tried to take off my salwar. Started pressing her chest with the intention of rape. In 2013, Banka Court had convicted Himanshu of attempt to rape. Sentenced to 3 years imprisonment. Himanshu had challenged the decision of the lower court in Patna High Court.