The Supreme Court on Wednesday took suo motu cognisance of a recent Patna High Court judgment concerning a 2008 sexual assault case and issued notice to the accused, who had been acquitted by the High Court.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, expressed concern over portions of the judgment. The court said there were “offending portions” in the order and indicated that it could consider setting it aside after hearing the accused.
The case dates back to 2008, when the victim had reportedly gone to a photo studio with her father to have her photograph taken. According to the case records, the accused, identified as Himanshu Pathak, took her inside the studio, closed and bolted the door and allegedly attempted to sexually assault her.
The prosecution alleged that the accused tried to remove the woman’s salwar and pressed her chest. When the victim raised an alarm, her father intervened and forced the accused to open the door. The accused then reportedly fled from the studio.
A trial court later convicted Pathak in 2013. He challenged the conviction before the Patna High Court.
In its judgment uploaded on July 9, the High Court held that the accused had used criminal force against the woman and that his actions amounted to an offence involving outraging the modesty of a woman. However, it concluded that the ingredients required to establish an attempt to rape under Sections 376 and 511 of the Indian Penal Code were not made out and acquitted him of those charges.
The Supreme Court took up the matter after senior advocate Shobha Gupta brought the High Court judgment to its attention. The top court has now initiated proceedings on its own motion and directed the state government to assist in serving notice on the accused through local police.
During Wednesday’s hearing, the Chief Justice-led bench indicated that the High Court judgment would need to be examined after giving the accused an opportunity to respond.
The Supreme Court’s intervention does not itself determine the final outcome of the case. The accused has been directed to participate in the proceedings, after which the court will consider the legal issues raised by the High Court judgment.
The case is now before the Supreme Court for further examination, with the proceedings likely to focus on the interpretation and application of the relevant provisions of criminal law to the facts established in the case.
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