The Jharkhand High Court has held that entering a woman’s house at night and attempting to lift her clothes, while a criminal act, does not by itself amount to an attempt to rape. Justice Pradeep Kumar Srivastava said the law requires an act to be sufficiently close to the commission of rape before it can be treated as an attempt. The ruling was passed on August 31 in a criminal appeal and released on Monday.
Reportedly, the case dates back to December 26, 1999, when the incident took place at night. The man was arrested the next day, December 27, and a chargesheet was later filed accusing him of attempting to rape the woman. The trial court subsequently convicted him of attempted rape and sentenced him to four years of rigorous imprisonment.
Jharkhand High Court explains why the alleged acts fell short of attempted rape
While hearing the appeal, the Jharkhand High Court examined whether the acts attributed to the appellant had gone far enough to legally qualify as an attempt to rape. Justice Srivastava held that they had not crossed that threshold.
As per reports, the court found that the evidence was sufficient to establish that the man had used criminal force against the woman with the intention of outraging her modesty. However, the Jharkhand High Court said the evidence did not justify moving from that lesser offence to a finding of attempted rape.
Jharkhand High Court upholds conviction but sets aside attempted rape finding
The Jharkhand High Court therefore upheld the man’s conviction for using criminal force with the intention of outraging the woman’s modesty, while setting aside the conviction for attempted rape. The court also modified the order passed by the East Singhbhum district sessions court on July 25.
Reports say that Justice Srivastava said an act can amount to attempted rape only when it is sufficiently proximate to the commission of rape. In this case, the court concluded that the acts attributed to the appellant did not reach that legal stage.
Jharkhand High Court cuts four-year sentence to time already served
The Jharkhand High Court also reduced the punishment after overturning the attempted rape conviction. The man had already spent nearly eight months in custody, and the court held that this period was sufficient to meet the ends of justice for the offence that remained.
The appeal was partly allowed. The Jharkhand High Court maintained the conviction for the lesser offence but ruled that the nearly eight months already spent behind bars was sufficient punishment.
Also Read: Judge Vs Judge: Why SC’s Sandeep Mehta Wrote 4 Letters To CJI Against Rajasthan HC Judge
Khalid Lateef is a Sub-Editor at NewsX Digital, specializing in Indian politics and global affairs. He also covers viral trending stories and major crime developments.
