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Jharkhand High Court Modifies Rape Attempt Conviction After 26 Years
The case began after a woman said a man entered her home while she was sleeping in December 1999.
She said he got on top of her and raised her saree, but she pushed him away and shouted for help.
A lower court later convicted the man of attempting rape and trespassing.
The man appealed to the Jharkhand High Court.
The High Court said the evidence showed an indecent assault, but did not clearly show a specific act close enough to prove attempted rape.
It changed the conviction to assaulting a woman with the intention of outraging her modesty.
The court kept his trespass conviction.
Since he had already spent about eight months in custody and more than 26 years had passed, it sentenced him to the time he had already served.
The Jharkhand High Court altered Kamalendu Mahto’s conviction from attempted rape to assault intended to outrage a woman’s modesty.
The court said there was no specific evidence of an act sufficiently close to the commission of rape.
Mahto’s conviction for house trespass under Section 452 of the Indian Penal Code was upheld.
The original conviction was issued in 2006 after the alleged December 1999 incident in East Singhbhum district.
Because more than 26 years had passed and Mahto had spent about eight months in custody, he was sentenced to time already served.
- Who
- Kamalendu Mahto was the appellant; the woman who reported the assault was the prosecutrix.
- What
- The Jharkhand High Court changed Mahto’s conviction from attempted rape to assault intended to outrage modesty, while upholding his trespass conviction.
- Where
- The incident occurred at the woman’s house in East Singhbhum district, and the appeal was decided by the Jharkhand High Court.
- When
- The alleged incident occurred in December 1999; the High Court judgment was delivered on August 31, 2026.
- Why
- The court found no specific evidence of an act sufficiently proximate to the commission of rape, but found the evidence supported an indecent assault.
Appellant’s Position
Court’s Findings
Attempted rape evidence
Appellant’s Position
Mahto argued that the evidence did not establish the legal ingredients of an attempt to rape.
Court’s Findings
The High Court agreed that no specific overt act sufficiently proximate to sexual intercourse had been proved.
Witness evidence
Appellant’s Position
The appeal challenged the case by pointing to the investigating officer’s non-examination and delay in lodging the FIR.
Court’s Findings
The court noted that the woman described the assault, while other witnesses saw only Mahto fleeing and heard her account.
Nature of the offence
Appellant’s Position
The defence sought relief from the attempted-rape conviction.
Court’s Findings
The court found that the conduct amounted to an indecent assault intended to outrage, or known to be likely to outrage, the woman’s modesty.
Key facts
- Appellant
- Kamalendu Mahto
- Original conviction
- Attempt to rape and house trespass
- Original sentence
- Four years’ rigorous imprisonment, imposed in July 2006
- Modified conviction
- Assault with intent or knowledge likely to outrage a woman’s modesty under Section 354 IPC
- Upheld conviction
- House trespass under Section 452 IPC
- Custody considered
- About eight months during the trial
- Final sentence
- The period already undergone
Quotes
Jharkhand High Court
The court that heard Kamalendu Mahto’s criminal appeal.
“there is no specific evidence regarding any attempt on the part of the appellant to commit sexual intercourse or any act sufficiently proximate to the commission of rape.”
indianexpress.com
“the appellant had committed an assault upon the prosecutrix with the intention of outraging or with knowledge that his act was likely to outrage her modesty.”
indianexpress.com
Sources
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