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‘Attempting to remove woman’s salwar doesn’t amount to rape’: SC takes suo motu cognizance of Patna HC’s controversial verdict

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Taking suo motu cognisance of a controversial Patna High Court judgment on rape, the Supreme Court on Wednesday issued notice to the high court’s Registry, saying there were offending observations in the verdict.“There are some offending observations in the judgment. We will be able to set aside these only after hearing the accused,” a Bench led by Chief Justice of India Surya Kant said.Issuing notice to accused Himanshu Pathak, the Bench requested Bihar Advocate General SD Sanjay to ensure that the notice was served on the contesting respondent through the local police.The Patna High Court on July 9 acquitted a man accused of rape, maintaining that trying to remove a woman’s salwar and pressing her chest does “not unequivocally establish” an attempt to rape.While setting aside the conviction of a man accused of trying to sexually assault a client in his studio, the Patna High Court had held that the prosecution failed to prove the allegations.Even if its case were accepted “in its entirety”, it would, “at best”, make out an offence of assault or criminal force intended to outrage a woman’s modesty under Section 354 of the IPC, the high court had said.“I find that the appellant used criminal force against the victim by confining her inside the studio, closing the door, attempting to remove her salwar, and physically molesting her by pressing her chest. These acts clearly establish the use of criminal force upon a woman with the intention, or at least the knowledge, that such acts were likely to outrage her modesty…” the HC judge’s July 9 order stated.

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