Supreme Court Takes Notice of Patna High Courts Acquittal in Attempted Rape Case

New Delhi, September 23 (Daily Kiran) : The Supreme Court of India has taken suo motu cognizance of a Patna High Court decision that acquitted a man of attempted rape charges. This ruling, made on July 9, stated that the actions of the accused—removing the victim’s clothing and physical harassment—constituted a violation of the woman’s dignity under IPC Section 354, rather than an attempt at rape.

Chief Justice D.Y. Chandrachud, along with Justices Joymalya Bagchi and V. Mohan, issued a notice regarding the controversial remarks made in the Patna High Court ruling. During the hearing, the Chief Justice pointed out that there were several objectionable comments in the judgment.

The Supreme Court indicated that it would review these remarks after hearing from the accused. The court has instructed the Bihar government to ensure that the accused receives the Supreme Court’s notice through local police.

This case, registered as Suo Motu Criminal Petition No. 5 of 2026, was initiated under the Chief Justice’s direction. Previously, the Supreme Court had clarified the distinction between preparation and attempt in a related case involving the Allahabad High Court.

The Patna High Court’s acquittal stemmed from an appeal by Himanshu Kumar Pathak, also known as Mithiya Pathak. He had been convicted by a lower court under IPC Sections 376/511 and 342 for an incident reported in 2008 at a photography studio in Bihar’s Banka district.

According to the prosecution, the victim visited the studio with her father on January 19, 2008. After taking her photograph, the accused allegedly locked the door and attempted to undress her while physically assaulting her. The victim’s father, hearing her cries, rushed to the door, prompting the accused to flee.

The lower court found him guilty and sentenced him to three years of rigorous imprisonment under IPC Section 376/511 and six months under Section 342, with both sentences running concurrently.

However, the Patna High Court re-evaluated the evidence and determined that the prosecution had failed to prove the necessary facts for an attempted rape charge. Justice Purnendu Singh noted that there was no evidence of penetration, nor did the prosecution present any medical evidence to support the claim of attempted rape.

The High Court also highlighted that the investigating officer who filed the charge sheet was not questioned during the trial. It concluded that while the accused’s actions indicated a clear intent to use criminal force against the victim, they did not meet the criteria for attempted rape under IPC Section 376.

Ultimately, the Patna High Court overturned the lower court’s conviction, acquitting the appellant of all charges and ordering the return of any fines imposed.

Before this recent action by the Supreme Court, it had addressed another suo motu case related to attempted rape, overturning an Allahabad High Court ruling that stated charges against a minor did not prima facie constitute an attempt at rape. The Supreme Court reiterated the difference between preparation and attempt, stating that actions indicating a shift from preparation to attempt must be recognized.

The Supreme Court also directed the National Judicial Academy to form a specialized committee to develop guidelines for handling sensitive cases involving sexual offenses and vulnerable victims.