Patna: The Patna High Court has clarified that pressing a woman’s chest and attempting to remove her salwar does not automatically constitute the offence of attempted rape. The Court held that the classification of such acts depends on the evidence presented and the specific circumstances of each case.
Delivering the judgment, the Court observed that if the legal ingredients required to establish attempted rape are not proved beyond reasonable doubt, the conduct may instead amount to the offence of outraging the modesty of a woman under Section 354 of the Indian Penal Code (IPC).
Appeal Against Trial Court Conviction
The ruling was delivered by Justice Purnendu Singh while deciding a criminal appeal filed by Himanshu Kumar Pathak, also known as Mithaiya Pathak.
The appeal challenged the trial court’s judgment dated October 31, 2013, and the sentencing order dated November 1, 2013, through which the accused had been convicted.
Court Finds Attempted Rape Not Established
The High Court noted that the prosecution had established that the accused behaved indecently with the complainant, pressed her chest and attempted to remove her salwar.
However, the Court held that the prosecution failed to prove beyond reasonable doubt that the accused had taken a direct and decisive step towards committing rape, which is necessary to sustain a conviction for attempted rape under Sections 376 read with 511 of the IPC.
Conviction Set Aside
Allowing the appeal, the High Court set aside the trial court’s conviction and sentence and acquitted the accused of the charges.
The Court further directed that, since the accused was on bail, he should be discharged from his bail bond obligations. It also ordered that any fine deposited by the accused be refunded.
Legal Distinction Explained
The judgment emphasised that attempted rape and outraging the modesty of a woman are separate offences under criminal law and must be assessed on the basis of evidence in each case.
The Court clarified that it was not holding that pressing a woman’s chest or attempting to remove her salwar is not a criminal act. Instead, it concluded that, on the facts and evidence of this particular case, the prosecution had failed to establish the offence of attempted rape beyond reasonable doubt.
Significance Of The Ruling
The judgment provides guidance on the distinction between offences punishable under Sections 376/511 and Section 354 of the IPC. It is expected to serve as a reference in future cases involving the assessment of whether the evidence supports a charge of attempted rape or the lesser offence of outraging the modesty of a woman.
