New Delhi: A few days ago, the Patna High Court had ruled that the allegation of trying to remove a woman’s salwar and physically molesting her by pressing her chest does not fall within the scope of the crime of ‘attempt to rape’. The Supreme Court has expressed concern over the lack of complete research before giving this decision of the High Court. A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana said the court will examine the recent judgment of the Patna High Court and issue a detailed order.
Allahabad High Court had also given a similar decision
On Tuesday, the Supreme Court was informed about this order of Patna High Court. This information was given during the hearing on the suo motu decision of the Allahabad High Court, in which it was said that holding the breasts of a minor girl, opening the waistband of her pajamas and trying to drag her under a culvert does not amount to the crime of ‘attempt to rape’. During the hearing of the case, the bench approved the report submitted by the Expert Committee of the National Judicial Academy which provided guidelines regarding judicial sensitivity in sexual offense cases.
Supreme Court issued instructions to all courts
After this order of the High Court, the Supreme Court has directed all the courts of the country to strictly follow the points used in the handbooks/guidelines approved by it. Earlier this year, the Supreme Court had directed the National Judicial Academy to draft comprehensive guidelines to bring sensitivity and empathy during judicial proceedings in sexual offense cases. The Supreme Court had said that such rules should reflect the social fabric of India and not be taken from foreign laws and the courts should keep this in mind.
(Input-ANI)
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