Today, On 13th June, The Rajasthan High Court made a statement while delivering a judgment in a 33-year-old case, stating that the act of removing a minor girl’s underwear and getting naked in front of her does not amount to an attempt to commit rape. Instead, it could be considered an offense of outraging the woman’s modesty. The court clarified that this act falls under the offense of assault to outrage the modesty of a woman, punishable under Section 354 of the Indian Penal Code.
The Rajasthan High Court made a controversial ruling that removing a minor girl’s underwear and getting naked in front of her does not constitute an “attempt to commit rape” but could be considered an “offence of outraging the woman’s modesty”.
This ruling a part of a judgment on a 33-year-old case where the complainant’s granddaughter, around six years old at the time, reportedly assaulted.
Justice Anup Kumar Dhand, presiding over the single-judge bench, ruled that removing a girl’s underwear and becoming completely naked oneself does not constitute an attempt to commit rape. This action does not fall under Sections 376 and 511 of the Indian Penal Code (IPC).
Justice Dhand, emphasized the term “attempt,” stating that,
“The accused must have gone beyond the stage of preparation to meet this criterion.”
According to the complaint, a young girl was at a water booth drinking water when a 25-year-old individual forcefully took her to a nearby ‘Dharamshala‘ with the intention of committing a sexual assault. However, the girl raised her voice and the villagers came to her rescue. The accused then fled the scene. It is important to note that although the complaint mentions that the accused undressed himself and the victim, it does not allege that the accused attempted penetration.
Suvalal found guilty of attempted rape by the District Court of Tonk. He held in custody for a period of two and a half months during the trial.
In response to the case, the high court ruled that it does not fall under Sections 376 and 511 of the IPC and therefore does not constitute an “attempt to commit rape.”
Justice Dhand stated,
“Three stages must be met for an act to be punishable as an attempt to rape. First, when the accused forms the intention to commit the offense, second, when he prepares to commit it and third, when he takes deliberate steps to carry out the offense.”
The court also referenced cases like ‘Damodar Behera vs Odisha’ and ‘Sittu vs Rajasthan,‘ where the accused forcibly stripped the victim and attempted to have physical relations despite the girl’s resistance.
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The high court stated that these instances considered attempts to rape.
It is crucial to recognize that legal interpretations can vary, and this ruling has sparked a debate about the definition and scope of attempted rape. Some argue that such actions should be considered an attempt to commit rape, while others believe that they fall under the offense of outraging a woman’s modesty.