NEW DELHI: Slamming the Patna High Court for holding that attempting to remove a woman's salwar and pressing her chest did not amount to an attempt to rape, the Supreme Court on Tuesday said that it would pass a detailed order dealing with the HC's observations.
A bench headed by Chief Justice of India Surya Kant also expressed serious concern over the "lack of thorough research" before such judgments are delivered.
"The staff is doing nothing," the CJI remarked.
The bench, also comprising Justices Joymalya Bagchi and V. Mohan, made the observations while hearing the apex court's suo motu case examining judicial approaches in sexual offence cases.
On Tuesday, Senior Advocate Shobha Gupta brought the Patna High Court judgment to the bench's notice. The HC had held that allegations of attempting to remove a woman's salwar and physically molesting her by pressing her chest did not constitute the offence of attempt to rape.
Even the verdict had also observed that grabbing the breasts of a minor girl, breaking the string of her pyjama and attempting to drag her beneath a culvert would not amount to an attempt to rape.
The Patna HC made the observations while setting aside a man's conviction for attempt to rape in a 2008 case from Bihar's Amarpur.
According to the prosecution, the survivor had gone to a photography studio with her father. After taking her photograph, the studio owner allegedly asked the father to wait outside, bolted the door and attempted to sexually assault her.
Hearing her cries, the father rushed in, and the accused fled.
A trial court had convicted the accused for attempt to rape and wrongful confinement. However, the High Court, while hearing his appeal, held that the prosecution failed to establish the offence of attempt to rape.
During the hearing, the apex court also approved a report prepared by the National Judicial Academy's Expert Committee containing guidelines on judicial sensitivity in sexual offence cases.
Directing all courts to follow the handbook, the Court said: "It is directed that all courts shall follow the expression contained in the handbook. States to issue instructions to all police stations to follow handbooks while registering FIR and filing chargesheet. We will upload a reasoned judgment."