New Delhi: The Supreme Court has come down hard on the Patna High Court for its observation that an attempt to remove a woman’s salwar and physically molesting her by pressing her chest did not amount to an offence of attempt to rape.
Expressing concern over the lack of thorough research before such judgments are delivered, the bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said it would pass a detailed order after examining the recent Patna High Court’s decision, as reported by ANI.
The Apex court was informed about the High Court order by a lawyer during the hearing of the suo motu case taken up over the Allahabad High Court verdict that held grabbing the breasts of a minor girl, breaking the string of her pyjama and trying to drag her beneath a culvert would not come under the offence of attempt to rape.
The bench also approved a report placed before it by the National Judicial Academy’s Expert Committee regarding the guidelines on judicial sensitivity in sexual offence cases.
It also directed all courts in the country to strictly follow the expressions used in the handbook/guidelines approved by it.
The Supreme Court Earlier had directed the National Judicial Academy to frame comprehensive draft guidelines to inculcate sensitivity and compassion in judicial handling of sexual offence cases.
Such norms must reflect India’s social fabric and not be borrowed from foreign jurisdictions, the Court said.
