Entering Woman’s House at Midnight : Jharkhand High Court Comments on Attempt-to-Rape Case: In a significant ruling in a 27-year-old criminal case, the Jharkhand High Court has held that merely entering a woman’s house at midnight, lifting her clothes and holding her does not, by itself, constitute an attempt to rape.
The High Court set aside the accused’s four-year rigorous imprisonment sentence under Sections 376/511 of the Indian Penal Code (IPC), observing that the prosecution failed to establish any specific and direct act showing a clear attempt to commit rape.
However, the court held that the accused’s conduct amounted to an assault intended to outrage the modesty of the woman, attracting Section 354 of the IPC.
Court’s Observation
Justice Pradeep Kumar Srivastava observed that simply lifting a woman’s clothes and catching hold of her is not sufficient to establish an offence of attempted rape.
According to the court, there must be a specific, direct and identifiable act towards committing rape for the offence of attempt to rape to be established. In the absence of such a direct act, the evidence cannot be considered sufficient to prove an offence under Sections 376/511 IPC.
After examining the victim’s testimony in its entirety, the High Court found that there was no particular overt act by the accused that could be treated as a direct step towards committing rape.
At the same time, the court noted that the accused’s conduct constituted an indecent assault and was capable of outraging the woman’s modesty. The court therefore treated the conduct under Section 354 IPC.
What Happened on the Night of December 27, 1999?
The case dates back to the late night of December 27, 1999, in a village in Jharkhand’s East Singhbhum district.
According to the allegations, the woman was sleeping inside her house and no male family member was present at the time.
Around midnight, the accused allegedly entered the room after opening the door and behaved inappropriately with the woman. It was alleged that he lifted her clothes and molested her.
The case subsequently proceeded through the trial court, which convicted the accused under provisions relating to attempt to rape and sentenced him to four years of rigorous imprisonment.
The matter eventually reached the Jharkhand High Court, which has now modified the conviction, holding that the evidence did not establish the legal ingredients required to prove an attempt to rape.
High Court Gives Relief to Accused
With its latest order, the High Court set aside the four-year rigorous imprisonment sentence under Sections 376/511 IPC, while holding that the accused’s conduct fell within the scope of an assault intended to outrage the woman’s modesty under Section 354 IPC.
The ruling highlights the legal distinction between an act of sexual assault or outraging a woman’s modesty and an act that legally amounts to an attempt to commit rape.
Author: RashtraVadi News
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