The Rajasthan High Court has acquitted a man convicted in 1991 of attempted rape but found him guilty of outraging the modesty of a minor. The court ruled that removing the innerwear of a six-year-old girl and undressing himself did not amount to an attempt to rape.
Justice Anoop Kumar Dhand revised Suwalal’s conviction from an attempt to rape to an offense under Section 354 of the Indian Penal Code (IPC), which covers assault with intent to outrage a woman’s modesty. Suwalal, who was 25 at the time of the offense, served about two and a half months in jail in 1991 before and after his conviction.
The court stated, “The entire statements of the prosecutrix indicate that no attempt was made to commit rape as defined under Section 375 IPC. However, removing the girl’s innerwear and undressing himself amounts to an offense under Section 354 IPC, not Section 376/511 IPC.”
The incident occurred on March 9, 1991, when Suwalal allegedly took the complainant’s six-year-old granddaughter away with the intention to rape her. The girl raised an alarm, attracting villagers who rescued her. Suwalal was sentenced to three years and six months of rigorous imprisonment by the Tonk Sessions Court, which he appealed in 1991.
Suwalal’s lawyer argued that there were no allegations of attempted rape, while the State maintained that Suwalal’s actions of undressing himself and the girl were specific. The court noted that Suwalal accepted the victim’s testimony as it went unchallenged during cross-examination.
The court emphasized the distinction between preparation and an actual attempt to commit rape, referring to a Supreme Court ruling that for an attempt to rape, the prosecution must prove actions beyond preparation, showing a high degree of determination.
The court also cited a 1996 Orissa High Court ruling, which stated that merely removing a victim’s saree without further action does not constitute an attempt to rape but rather indecent assault.
In conclusion, the Rajasthan High Court found no evidence of an attempted rape but confirmed the assault to outrage modesty, resulting in a modified conviction under Section 354 IPC and no further jail time for Suwalal.
