Rajasthan High Court Convicts Man for Outraging Modesty, Acquits of Attempt to Rape
The Rajasthan High Court recently altered the conviction of a man accused of attempting to rape a six-year-old girl in 1991. The Court ruled that his actions did not amount to an attempt to rape but did constitute an offense under Section 354 IPC (assault or use of criminal force with intent to outrage modesty).
Case Background and Conviction
The case dates back to March 9, 1991, when the accused, Suwalal, allegedly took a minor girl away with the intent to sexually assault her. According to the complainant, villagers rescued the child when she raised an alarm.
A sessions court in Tonk had sentenced Suwalal to three years and six months of rigorous imprisonment under Section 376/511 IPC (attempt to rape). However, he had only spent two and a half months in jail before and after conviction.
Court’s Legal Analysis and Verdict
Justice Anoop Kumar Dhand reviewed the victim’s testimony and ruled that while Suwalal had removed the child’s innerwear and undressed himself, this did not amount to an attempt to rape under Section 376/511 IPC.
The Court explained that for an act to qualify as attempted rape, the accused must go beyond preparation and demonstrate clear intent to commit the act. It cited legal precedents, including the Madan Lal vs. State of Jammu & Kashmir case, which clarifies the difference between preparation and actual attempt.
The Court also referenced a 1996 Orissa High Court ruling, which stated that removing a victim’s clothing alone does not necessarily amount to an attempt to rape unless there is proof of intent to engage in sexual intercourse.
Final Judgment: Conviction under Section 354 IPC
While the Court acquitted Suwalal of attempt to rape, it held that his actions clearly amounted to outraging the modesty of a minor. Therefore, it convicted him under Section 354 IPC and sentenced him to time already served.
Considering that the incident occurred 33 years ago, the Court reasoned that sending Suwalal back to jail after such a long period would be mentally, physically, and economically draining.
This judgment highlights the importance of clear legal distinctions in sexual offense cases and reinforces the need to ensure justice while upholding due process.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
