7 hrs ago
Jharkhand High Court Revises 1999 Rape Attempt Conviction
A man was accused of entering a woman’s home in 1999 and trying to lift her clothes.
A lower court later convicted him of attempting rape and sentenced him to four years in prison.
The man appealed that decision to the Jharkhand High Court.
The High Court said the evidence did not show a clear enough action that directly moved toward committing rape.
It therefore said the facts did not legally amount to attempted rape under the Indian Penal Code.
However, the court said his behavior was obscene and could outrage the woman’s modesty.
The court changed the conviction to offenses involving modesty and criminal force.
Since he had already spent about eight months in custody, the court said that time was enough.
The Jharkhand High Court ruled that entering a woman’s house at night and lifting her clothes did not establish attempted rape.
The court found no specific overt act sufficiently proximate to the commission of rape.
The conviction was modified to outraging a woman’s modesty and using criminal force.
The incident occurred in 1999, and the Sessions Court had imposed a four-year rigorous imprisonment sentence in 2006.
Because the appellant had already spent about eight months in custody, the High Court ruled that time was sufficient punishment.
- Who
- The Jharkhand High Court, Justice Pradeep Kumar Srivastava, and a convicted man who appealed his sentence.
- What
- The court changed a conviction for attempted rape to offenses involving outraging a woman’s modesty and using criminal force.
- Where
- The alleged offense occurred inside a woman’s house in Jharkhand.
- When
- The alleged incident occurred in 1999; the Sessions Court sentenced the man on July 25, 2006, and the High Court later heard his appeal.
- Why
- The High Court found no specific overt act sufficiently close to the commission of rape, although it considered the conduct obscene and objectionable.
Key facts
- Alleged incident
- The man allegedly entered the woman’s house at night on December 26, 1999, and tried to lift her clothes.
- FIR
- Police registered the FIR on December 27, 1999.
- Original conviction
- The trial court convicted him of attempting to commit rape.
- Original sentence
- The Sessions Court imposed four years of rigorous imprisonment on July 25, 2006.
- High Court finding
- The evidence did not show a specific overt act constituting an attempt to commit rape.
- Modified offenses
- The conviction was changed to outraging a woman’s modesty and using criminal force.
- Custody already served
- The appellant had spent about eight months in custody during the trial.
Quotes
Justice Pradeep Kumar Srivastava
Jharkhand High Court judge who delivered the observation
“a specific overt act sufficiently proximate to commission of rape will not constitute an attempt to commit rape as per the Indian Penal Code.”
NDTV
Sources
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