Patna High Court Says Removing Woman's Salwar, Pressing Her Chest Not 'Attempt To Rape'

The Patna High Court recently overturned a 2013 conviction for attempted rape, ruling that while acts such as removing a woman’s salwar and pressing her chest are criminal, they do not automatically meet the legal threshold for an "attempt to rape". Justice Purnendu Singh, presiding over the case Himanshu Kr. Pathak v. The State of Bihar, held that such conduct, while constituting the use of criminal force, is more accurately classified as outraging a woman’s modesty under Section 354 of the Indian Penal Code (IPC).

Case Background

The incident dates back to 2008, when a woman alleged that she had visited a photography studio in Amarpur with her father. According to the prosecution, the studio owner asked the father to wait outside to view photos on a computer, then bolted the door from the inside. The victim alleged that the owner attempted to remove her salwar and pressed her chest with the intent to commit rape. When she cried out, her father rushed to the door, causing the accused to flee. Patna HC Restrains Media Trial in Rishu Shree Tender Scam Case.

In 2013, a trial court convicted the accused under Section 376/511 (attempt to rape) and Section 342 (wrongful confinement) of the IPC, sentencing him to three years of rigorous imprisonment.

Patna High Court’s Observations

Upon reviewing the appeal, the High Court identified significant evidentiary gaps. The Court noted the absence of medical corroboration and pointed out that the investigating officer had not been examined during the trial. The Court observed, “In the absence of any evidence of penetration, even to the slightest extent, or any overt act unequivocally constituting an attempt to commit rape, the ingredients of Section 375 IPC, and consequently Section 376 read with Section 511 IPC, are not attracted in absence of any medical corroboration”. While the Court acknowledged that the accused used criminal force by confining the victim and molesting her, it determined that these actions fell under Section 354 IPC (outraging modesty) rather than the more serious charge of attempted rape.

Acquittal and Judicial Scrutiny

Despite finding that the accused’s actions amounted to outraging modesty, the High Court ultimately acquitted him. The Court explained that because the accused had been tried and convicted specifically for attempted rape and wrongful confinement - and not for the offence under Section 354 IPC - it could not uphold the conviction. Consequently, the conviction and sentence were set aside, and the accused was acquitted of all charges. Few Moral Lapses and Return to Normal Life Is Not 'Living in Adultery', Says Patna High Court; Upholds Wife's Right to Maintenance After Husband Claims She Committed Adultery.

Following the ruling, the order was flagged before the Supreme Court of India on July 14, 2026. Senior advocates raised concerns regarding the judgment, comparing it to a previous, controversial order by the Allahabad High Court that had been set aside by the Supreme Court earlier this year. In response, the bench led by Chief Justice Surya Kant expressed concerns regarding the need for thorough judicial research and sensitivity in handling s*xual offence cases.

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

(The above story first appeared on LatestLY on Jul 15, 2026 09:56 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).