Rajasthan High Court Convicts Man for Outraging Minor’s Modesty, Acquits Him of Attempt to Rape
The Rajasthan High Court recently modified a 1991 conviction in a sexual offence case, holding that removing a six-year-old girl’s innerwear and undressing himself did not amount to an attempt to rape. Instead, the Court convicted the accused under Section 354 IPC (assault or criminal force with intent to outrage modesty).
Justice Anoop Kumar Dhand altered the conviction of Suwalal, who was 25 years old at the time of the incident, from attempt to rape under Section 376/511 IPC to outraging modesty. He was sentenced to the period already undergone — about two and a half months in jail back in 1991.
The Court observed that while the accused had taken off the child’s innerwear and undressed himself, there was no act that could be considered as crossing the stage of “preparation” to qualify as an attempt to rape. The Court clarified that an attempt to rape requires evidence that the accused was on the verge of sexual intercourse, which was not proven here.
Since the incident happened on March 9, 1991, and over 33 years had passed, the Court said it would not be appropriate to send the accused back to prison, noting the long mental, physical, and financial strain he has already endured.
The Court emphasized that while the offence of attempt to rape was not proved, the act clearly amounted to assault intended to outrage modesty under Section 354 IPC. The testimony of the minor victim, which went unchallenged in cross-examination, was accepted as credible evidence.
Thus, the Tonk Sessions Court’s earlier conviction for attempt to rape was modified, and the punishment reduced to the time already served.
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