In another disputed ruling, the Patna High Court (HC) has held that lying on a woman and covering her mouth, in the absence of an evidence of any act directed towards penetration, does not suffice to establish an attempt to commit rape if the accused has not demonstrably moved beyond the stage of preparation.
Justice Sandeep Kumar of the HC pronounced the verdict while hearing a challenge to a conviction dated July 29, 2013, and a sentencing order issued on August 1, 2013. The bench hearing the case examined whether the evidence justified a conviction for attempted rape or whether the conduct fell under Section 354 of the Indian Penal Code (IPC), which pertains to assault or criminal force intended to outrage the modesty of a woman.
Representative image
What happened in the incident which unfolded in 2010?
As per the prosecution’s account, the complainant woman, a widow living with her kids, was asleep at her home at around 10 am on February 8, 2010, when the accused allegedly barged into her home.
He reportedly extinguished a lamp, lay on top of her and covered her mouth. After hearing her cries for help, villagers assembled at the scene and collared the accused, the report claimed.
Subsequently, the man was sentenced to four years’ imprisonment under Sections 376 and 511 of the IPC, which deal with rape and attempts to commit offences, respectively. He was also awarded a 6-month jail term under Section 448 for house trespass. Both sentences were ordered to run concurrently.
Challenging the conviction, the accused contended that the woman’s testimony contained inconsistencies and lacked corroboration. The defence also pointed out that the villagers allegedly involved in nabbing him had not been examined as witnesses.
Court finds evidence insufficient to establish attempt-to-rape
The Patna HC scrutinised whether the prosecution had established the essential elements of an attempt to commit rape. It concluded that the evidence failed to demonstrate that the accused had progressed beyond preparation to an act sufficiently connected with the commission of the offence.
It further referred to the Supreme Court’s (SC) ruling in Aman Kumar, noting that indecent assaults could sometimes be exaggerated into allegations of attempt-to-rape. It then stressed that the evidence must establish a determination to gratify sexual passion despite resistance.
Justice Kumar observed that there was no evidence that the accused had undressed himself or the complainant, or had undertaken any act directed towards penetration.
The bench remarked, “In the absence of any evidence that the appellant undressed himself or the prosecutrix, or did any act towards penetration, it cannot be held that he had gone beyond the stage of preparation.”
Justice Sandeep Kumar of the Patna HC
Sentence of the accused slashed to the period already served
While modifying the sentence, the court considered the time elapsed since the February 2010 incident, the absence of any previous criminal record and the conduct of the accused while on bail for more than 13 years. No misuse of his liberty came to pass during that period.
Keeping the aforementioned circumstances into account, the HC reduced the sentence to the period already served.