Removing woman’s salwar, pressing chest does not amount to attempted rape: Patna High Court

3 min readPatnaUpdated: Jul 16, 2026 05:50 AM IST

Acquitting the appellant on July 9, the court held that the prosecution failed to prove the allegations. (Source: Wikimedia Commons)

Attempting to remove a woman’s salwar and pressing her chest does “not unequivocally establish” an attempt to rape, the Patna High Court has held while setting aside the conviction of a man accused of attempting to sexually assault a client inside his photography studio.

Acquitting the appellant on July 9, the court held that the prosecution failed to prove the allegations, observing that even if its case were accepted “in its entirety”, it would, “at best”, make out an offence of assault or criminal force intended to outrage a woman’s modesty under Section 354 of the IPC. Justice Purnendu Singh allowed the appeal of Himanshu Kumar Pathak alias Mithiya Pathak against his 2013 conviction by an Additional Sessions Judge in Banka.

The trial court had convicted Pathak under Sections 376/511 IPC (attempt to commit rape and punishment for attempting to commit offences punishable with life imprisonment or other imprisonment) and 342 IPC (wrongful confinement), sentencing him to three years’ rigorous imprisonment for the former offence along with a fine of Rs 5,000, and six months’ imprisonment for wrongful confinement. The sentences were to run concurrently.

According to the prosecution, the incident took place on January 19, 2008, when the complainant accompanied her father to Chhaya Studio in Amarpur for a photograph. It alleged that the accused, who owned the studio, asked her father to remain outside on the pretext of viewing the photograph on a computer, bolted the studio door, attempted to remove the woman’s salwar, undressed himself and physically molested her. The woman raised an alarm, following which her father forced open the door and the accused allegedly fled. An FIR was registered the next day.

The high court noted that the prosecution examined five witnesses — the victim, her parents, a formal investigating officer and an independent witness who turned hostile. It also noted that the investigating officer who completed the probe was not examined during the trial and no medical officer was produced to prove any medical evidence.

On the merits, the High Court held that there was an “absence of any evidence of penetration, even to the slightest extent, or any overt act unequivocally constituting an attempt to commit rape”, and therefore the ingredients of Sections 375 and 376 read with Section 511 IPC were not attracted.

The court observed that the appellant was alleged to have confined the victim inside the studio, closed the door, attempted to remove her salwar and physically molested her by pressing her chest. According to the judgment, “these acts clearly establish the use of criminal force upon a woman with the intention, or at least the knowledge, that such acts were likely to outrage her modesty, thereby satisfying the essential ingredients of Section 354 IPC.”

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The judgment further held that “even if the prosecution case is accepted in its entirety, the acts attributed to the appellant… do not unequivocally establish the commission of an offence punishable under Section 376(1) read with Section 511 of the IPC. At best, the allegations disclose an act intended to outrage the modesty of the victim, thereby attracting the ingredients of Section 354 IPC.”

Himanshu Harsh is a Correspondent with The Indian Express, currently leading on-the-ground coverage in Bihar. With a reporting career rooted in the complexities of the National Capital Region (NCR), Himanshu specializes in the critical intersection of law, crime, and civic governance.

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An alumnus of the prestigious Indian Institute of Mass Communication (IIMC), Delhi, Himanshu brings a rigorous academic foundation to his investigative work. His expertise is characterized by a "ground-up" reporting style, most notably demonstrated during his extensive coverage of the 2024 Lok Sabha elections, where he analyzed shifting political landscapes and grassroots sentiment.

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