राजस्थान उच्च न्यायालय ने माना कि बालिका के अंतर्वस्त्र हटाना और स्वयं निवस्त्र होना बलात्कार का प्रयास [attempt to commit rape] नहीं बल्कि स्त्री की लज्जा भंग करना [outrage the modesty of a woman] है, क्योंकि यह कार्य केवल तैयारी के चरण तक सीमित था और भारतीय दंड संहिता की धारा 354 के अंतर्गत आता है।
Recently, the Rajasthan High Court (HC) illustrates the distinction between an attempt to commit rape and to commit an indecent assault (outrage the modesty of a woman). The HC held that removing a girl’s innerwear and undressing himself with nothing more did not amount to an offence of ‘attempt to commit rape’ under Sections 376 and 511 of the Indian Penal Code (IPC). It added that the act will attract the offence of assault to ‘outrage the modesty of a woman’ as defined under Section 354 of the Indian Penal Code.
The single-judge bench constituting Justice Anoop Kumar Dhand said, “In my opinion, from these facts, no case for an offence under Section 376/511 I.P.C. can be held to be proved. In other words, the accused appellant cannot be held to be guilty of attempt to commit rape. The prosecution has been able to prove the case of assault or use of illegal force on the prosecutrix with an intention to outrage her modesty or with knowledge that her modesty was likely to be outraged. Thus, it is a clear case of Section 354 I.P.C. as the act of the present accused has not proceeded beyond the stage of preparation.”
The HC was hearing a 33-year-old case where the accused removed the innerwear of a 6-year-old girl and undressed himself with nothing more. The complaint was lodged by the grandfather of the 6-year-old girl. While hearing the matter, the HC bench emphasized on the concept of ‘attempt’ and highlighted its three essential stages. It said, “The first stage exists when the culprit first entertains the idea or intention to commit an offence. In the second stage, he makes preparations to commit it. The third stage is reached when the culprit takes deliberate overt steps to commit the offence.” After hearing the contentions, the HC granted relief to the accused man who was convicted of attempted rape by altering charges against him.