Removing salwar, pressing chest not enough for attempt to rape: Patna High Court
The Patna High Court ruled that removing a woman's salwar and pressing her chest, without evidence of penetration or an unequivocal overt act towards rape, does not constitute an attempt to rape under the IPC.
The Patna High Court has held that removing a woman's salwar and pressing her chest, by itself, is not sufficient to establish the offence of attempt to rape under the Indian Penal Code (IPC). The court observed that, in the absence of evidence of penetration or any overt act that unequivocally amounted to an attempt to commit rape, the ingredients of the offence were not made out.
Justice Purnendu Singh made the observation while allowing an appeal filed by a man convicted in a 2008 case from Bihar's Banka district. The court set aside the trial court's judgment that had convicted the appellant under Sections 376/511 (attempt to rape) and 342 (wrongful confinement) of the IPC and sentenced him to three years' rigorous imprisonment.
According to the prosecution, the woman had accompanied her father to Chhaya Studio in Amarpur on January 19, 2008, to get her photograph taken. After taking the photograph, the studio owner allegedly asked her father to wait outside on the pretext of viewing the picture on a computer. The prosecution said the accused then locked the studio door, attempted to remove the woman's salwar and pressed her chest with the intention of committing rape.
The woman raised an alarm, prompting her father to rush to the door. The accused allegedly opened the door and fled from the studio as local people gathered at the spot.
A trial court later convicted the accused for attempt to rape and wrongful confinement. Challenging the conviction, the accused approached the Patna High Court.
After reappreciating the evidence, the High Court noted that the prosecution had examined five witnesses, including the victim and her parents. The court also observed that the investigating officer who completed the probe was not examined during the trial and no medical officer was produced to support the prosecution's case.
The court held that there was no evidence of penetration, even to the slightest extent, or any overt act that unequivocally established an attempt to commit rape. It said that in the absence of medical corroboration, the essential ingredients of Sections 375 and 376 read with Section 511 of the IPC were not attracted.
At the same time, the High Court observed that the allegations, if accepted in their entirety, showed that the accused confined the woman inside the studio, closed the door, attempted to remove her salwar and physically molested her by pressing her chest. The court said these acts satisfied the ingredients of Section 354 of the IPC, which deals with assault or criminal force intended to outrage the modesty of a woman, but did not amount to an attempt to rape.
The court ultimately held that the conviction under Sections 376/511 IPC was unsustainable in law. It set aside the trial court's judgment and acquitted the appellant of all charges. Since the appellant was already on bail, the court discharged him from the liability of his bail bond and directed that any fine deposited by him be refunded.
WHAT ALLAHABAD HC SAID ON ATTEMPT TO RAPE
In a similar judgement on March 17, 2025, a single-judge bench of Justice Ram Manohar Narayan Mishra in Allahabad High Court acquitted two men in a rape case involving an 11-year-old girl, holding that opening the victim's pyjama strings and dragging her amounted to "preparation to commit the offence" and not "attempt to rape" under the law.
The Allahabad High Court verdict drew sharp criticism from lawyers and non-governmental organisations, who urged the Supreme Court to take suo motu cognisance of the matter. The Supreme Court took suo motu cognisance on March 24, 2025, and on March 26 stayed the Allahabad High Court's order. A bench headed by then Chief Justice of India BR Gavai observed that the High Court's order reflected "total insensitivity" in dealing with the case.
The Patna High Court has held that removing a woman's salwar and pressing her chest, by itself, is not sufficient to establish the offence of attempt to rape under the Indian Penal Code (IPC). The court observed that, in the absence of evidence of penetration or any overt act that unequivocally amounted to an attempt to commit rape, the ingredients of the offence were not made out.
Justice Purnendu Singh made the observation while allowing an appeal filed by a man convicted in a 2008 case from Bihar's Banka district. The court set aside the trial court's judgment that had convicted the appellant under Sections 376/511 (attempt to rape) and 342 (wrongful confinement) of the IPC and sentenced him to three years' rigorous imprisonment.
According to the prosecution, the woman had accompanied her father to Chhaya Studio in Amarpur on January 19, 2008, to get her photograph taken. After taking the photograph, the studio owner allegedly asked her father to wait outside on the pretext of viewing the picture on a computer. The prosecution said the accused then locked the studio door, attempted to remove the woman's salwar and pressed her chest with the intention of committing rape.
The woman raised an alarm, prompting her father to rush to the door. The accused allegedly opened the door and fled from the studio as local people gathered at the spot.
A trial court later convicted the accused for attempt to rape and wrongful confinement. Challenging the conviction, the accused approached the Patna High Court.
After reappreciating the evidence, the High Court noted that the prosecution had examined five witnesses, including the victim and her parents. The court also observed that the investigating officer who completed the probe was not examined during the trial and no medical officer was produced to support the prosecution's case.
The court held that there was no evidence of penetration, even to the slightest extent, or any overt act that unequivocally established an attempt to commit rape. It said that in the absence of medical corroboration, the essential ingredients of Sections 375 and 376 read with Section 511 of the IPC were not attracted.
At the same time, the High Court observed that the allegations, if accepted in their entirety, showed that the accused confined the woman inside the studio, closed the door, attempted to remove her salwar and physically molested her by pressing her chest. The court said these acts satisfied the ingredients of Section 354 of the IPC, which deals with assault or criminal force intended to outrage the modesty of a woman, but did not amount to an attempt to rape.
The court ultimately held that the conviction under Sections 376/511 IPC was unsustainable in law. It set aside the trial court's judgment and acquitted the appellant of all charges. Since the appellant was already on bail, the court discharged him from the liability of his bail bond and directed that any fine deposited by him be refunded.
WHAT ALLAHABAD HC SAID ON ATTEMPT TO RAPE
In a similar judgement on March 17, 2025, a single-judge bench of Justice Ram Manohar Narayan Mishra in Allahabad High Court acquitted two men in a rape case involving an 11-year-old girl, holding that opening the victim's pyjama strings and dragging her amounted to "preparation to commit the offence" and not "attempt to rape" under the law.
The Allahabad High Court verdict drew sharp criticism from lawyers and non-governmental organisations, who urged the Supreme Court to take suo motu cognisance of the matter. The Supreme Court took suo motu cognisance on March 24, 2025, and on March 26 stayed the Allahabad High Court's order. A bench headed by then Chief Justice of India BR Gavai observed that the High Court's order reflected "total insensitivity" in dealing with the case.
