NEW DELHI: The Supreme Court of India took suo motu cognizance of a controversial judgment passed by the Patna High Court, issuing notices to the High Court’s Registry and the accused over what it described as “offending observations” in the ruling.
A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana initiated the proceedings (In Re: Order Dated 09.07.2026 Passed by High Court of Judicature at Patna) after the High Court order was brought to the apex court’s attention.
The matter stems from a 2008 incident in Bihar’s Banka district, where a photo studio owner, Himanshu Kumar Pathak, was accused of locking a young woman inside his studio, forcibly attempting to strip her, and physically molesting her.
A local trial court convicted Pathak in 2013 under Section 376 (rape) read with Section 511 (attempt to commit an offence) and Section 342 (wrongful confinement) of the Indian Penal Code (IPC), sentencing him to three years of imprisonment.
On July 9, 2026, a single-judge bench of the Patna High Court set aside the trial court’s conviction. The High Court observed that attempting to disrobe a woman and pressing her chest did not “unequivocally establish” an attempt to commit rape, reasoning that the prosecution failed to prove an intent to penetrate.
The High Court ruled that the acts, “at best,” constituted an offence under Section 354 of the IPC (assault or criminal force to outrage a woman’s modesty), rather than an attempt to rape under Section 376/511. Consequently, the High Court acquitted the accused of the charges.
Senior advocate Shobha Gupta brought the High Court’s observations to the Supreme Court’s attention, pointing out similarities to previous controversial judgments regarding sexual offenses.
Expressing strong disapproval, CJI Surya Kant remarked during the hearing. “There are some offending observations in the judgment. We will be able to set these aside only after hearing the accused.”
The apex court bench requested Bihar Advocate General S.D. Sanjay to ensure that official notices are served directly to the acquitted respondent via local police authorities. The court also issued formal notice to the Patna High Court Registry as it reviews the legal and procedural propriety of the lower court’s ruling
