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In a significant decision, the Rajasthan High Court has ruled that removing a girl’s clothes and getting completely naked does not constitute an attempt to commit rape. Instead, the court classified this act as an assault with the intention of outraging a woman’s modesty, punishable under Section 354 of the Indian Penal Code (IPC).
The ruling came from Justice Anup Kumar Dhand’s bench in a 33-year-old case. The court clarified that the actions of taking off a girl’s underwear and becoming completely naked oneself do not fall under the purview of Section 376 and Section 511 of the IPC, which pertain to rape and attempts to commit rape, respectively.
Justice Dhand referred to the precedent set by the Sittu vs Rajasthan State case, where the accused forcibly stripped a girl naked and attempted physical relations despite her resistance. That act was deemed attempted rape. Similarly, the Damodar Behera vs Odisha case presented comparable circumstances.
The recent case involved an accused, Suvalal, who was alleged to have removed a 6-year-old girl’s saree and stripped himself naked. According to reports, the incident occurred on March 9, 1991, when Suvalal was 25 years old. Upon the girl’s screams, he fled the scene. Initially, the District Court of Tonk convicted Suvalal of attempting rape, and he served two and a half months in jail during the trial.
However, the Rajasthan High Court has now re-evaluated this conviction, determining that the actions of the accused fall under Section 354 of the IPC, concerning the assault with intent to outrage a woman’s modesty, rather than attempted rape.
This ruling has sparked a conversation on the legal interpretations of assault and rape attempts, highlighting the nuances and complexities in the application of the law.
