New Delhi/Patna: The Supreme Court has expressed concern over a recent Patna High Court judgment that acquitted an accused in an alleged sexual assault case after holding that the prosecution had failed to establish an attempt to rape.
A Bench comprising Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan heard the matter on Wednesday and indicated that it would pass a detailed order examining the High Court’s observations.
Issue Raised During Suo Motu Proceedings
The issue arose during the hearing of a suo motu case initiated by the Supreme Court following a controversial judgment of the Allahabad High Court concerning the interpretation of sexual offences.
In that case, the apex court had earlier directed the National Judicial Academy to prepare guidelines aimed at improving judicial sensitivity while dealing with cases involving sexual offences.
During Wednesday’s hearing, Senior Advocate Shobha Gupta drew the court’s attention to the Patna High Court’s recent judgment.
She argued that despite the Supreme Court having already set aside the Allahabad High Court’s earlier ruling, similar observations had now appeared in the Patna High Court’s decision under comparable circumstances.
Senior Advocate H.S. Phoolka also supported the submissions.
Responding to the arguments, Justice Surya Kant observed that such judgments sometimes result from inadequate legal research and indicated that the Supreme Court would examine the matter in detail.
Background Of The Case
The case originates from Amarpur police station in Banka district.
According to the prosecution, the complainant had accompanied her father to a photography studio. The prosecution alleged that the studio owner took the woman into a room, asked her father to wait outside, closed the door and sexually assaulted her.
The complaint alleged that the accused attempted to remove the woman’s salwar and touched her chest with the intention of committing rape. It further stated that the woman raised an alarm, prompting her father to force open the door, after which the accused allegedly fled.
A criminal case was subsequently registered.
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Trial Court Convicted Accused
On November 1, 2023, the Additional Sessions Judge-I, Banka, convicted the accused, Himanshu Pathak alias Mithiya, and sentenced him to three years’ rigorous imprisonment along with a fine of Rs 5,000.
The accused challenged the conviction before the Patna High Court.
Patna High Court Acquitted Accused
On July 9, a single-judge Bench of Justice Purnendu Singh set aside the trial court’s judgment and acquitted the accused.
According to the High Court’s order, the available medical and other evidence was insufficient to establish an attempt to rape, and the prosecution had failed to prove the charges beyond reasonable doubt.
That judgment has now come under scrutiny before the Supreme Court.
Link To Earlier Allahabad High Court Case
The Supreme Court’s observations come against the backdrop of another controversial ruling delivered by the Allahabad High Court in March 2025.
In that case, the High Court had held, at the prima facie stage, that allegations of grabbing a minor girl’s breasts, breaking the drawstring of her pyjamas and attempting to drag her did not amount to an attempt to rape but constituted aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.
The ruling drew widespread criticism, prompting the Supreme Court to take suo motu cognisance and subsequently set aside the judgment.
The apex court also directed the National Judicial Academy to frame comprehensive guidelines to promote greater judicial sensitivity in cases involving sexual offences.
During the latest hearing, the Supreme Court reiterated that judicial proceedings in sexual offence cases must remain victim-centric, sensitive and consistent with legislative intent, while indicating that its detailed observations on the Patna High Court judgment would follow.
