The Supreme Court has taken suo motu cognizance of a Patna High Court judgment which held that allegations of attempting to remove a woman’s salwar and molesting her by pressing her chest did not amount to an attempt to rape.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Justice V Mohana noted that certain observations made by the High Court were offensive.

“There are some offending observations,” CJI Surya Kant told Bihar Advocate General SD Sanjay during the hearing.

The CJI further said that the Supreme Court could set aside the High Court’s observations only after hearing the accused and directed the State to ensure that the accused is served through the local police.

The Patna High Court had held that the allegations, in the absence of evidence of penetration or any overt act clearly showing an intention to commit rape, did not constitute an offence of attempt to rape.

The High Court had observed that the allegations “at best” disclosed an offence under Section 354 of the Indian Penal Code, relating to assault or criminal force against a woman with intent to outrage her modesty. It accordingly set aside the appellant’s conviction under Sections 376 read with 511 IPC.