Entering Woman’s House at Night, Lifting Her Clothes Not Enough To Prove Attempt To Rape: Jharkhand HC
The Jharkhand High Court has held that merely entering a woman's house at night and lifting her clothes would not amount to commission of rape or an attempt to commit rape under the Indian Penal Code.
The Jharkhand High Court has held that merely entering a woman's house at night and lifting her clothes would not amount to commission of rape or an attempt to commit rape under the Indian Penal Code. Hearing the appeal of a convict in a 26-year-old case, the high court modified the lower court's decision, converting it from rape to a case of outraging the modesty of a woman and use of criminal force.
Justice Pradeep Kumar Srivastava observed that a specific overt act sufficiently proximate to the commission of rape would not constitute an attempt to commit rape as per the Indian Penal Code. An overt act refers to a real, physical step taken to move forward a plan to commit a crime. The judgment was passed on August 31 and released on Monday. Why Madhya Pradesh High Court Commuted Death Sentence in Shahdol Toddler Rape-Murder Case.
Details Of The Original Case
The convict had challenged his sentence handed down by a Ghatshila Sessions Court on July 25, 2006, which had sentenced him to four years of rigorous imprisonment, reports said. While modifying the sentence, the high court ordered that since the appellant had already undergone about eight months of custody during the trial, it would be sufficient to meet the ends of justice. Father’s Rape of Minor Daughter Is a Betrayal of Sacred Relationship, Says Rajasthan High Court; Upholds Life Sentence of Man Who Repeatedly Raped Minor Daughter.
The convict was arrested by Chakulia police after an FIR was registered on December 27, 1999. The victim had alleged that the appellant had entered her house the previous night and tried to lift her clothes to rape her. Following investigation, police found the appellant guilty of attempt to commit rape and filed a chargesheet against him, after which the trial court convicted and sentenced him to four years in prison.
(The above story first appeared on LatestLY on Sep 07, 2026 11:01 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
