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Jharkhand High Court rules push alone is not attempt to rape
The Jharkhand High Court has ruled that merely assaulting a woman without any specific overt act towards committing rape does not amount to an attempt to rape. Justice Pradeep Kumar Srivastava altered a man's conviction from attempt to rape under Sections 376/511 IPC to the lesser offence of outraging modesty under Section 354 IPC.
The case stems from a 2005 trial court verdict that sentenced the appellant to seven years' rigorous imprisonment and a Rs 1,000 fine. The prosecution said the woman was cutting fodder when the accused pushed her to the ground twice, she raised an alarm and he fled. The High Court found her account consistent on being caught and pushed, but noted no allegation of any act towards sexual intercourse.
The court observed that the conduct amounted to assault that might outrage modesty, but fell short of an attempt to rape. It also noted that the woman's immediate disclosures to family described an assault or 'hathapai', not an attempt to commit rape. The appellant's conviction was altered accordingly.
Indian Opinion Analysis
The ruling clarifies a critical legal distinction: an attempt to rape requires a proximate act towards the offence, not just any physical assault. The Supreme Court has held in cases like State of Maharashtra v. Madhukar Narayan Mardikar that intent must be accompanied by a concrete step. Here, the court applied that standard strictly. For the appellant, the change from seven years to a maximum of two years under Section 354 is significant. The case now returns to the trial court for sentencing on the modified charge. Watch for the new sentence, which will likely be substantially shorter.
Source: livelaw.in
This story was synthesised by AI from the source linked above. Methodology and corrections.
