Attempting To Remove Salwar, Pressing Chest Not Attempt To Rape; Amounts To Outraging Modesty : Patna High Court

The Patna High Court has held that allegations of attempting to remove a woman's salwar and physically molesting by pressing her chest, without evidence of penetration or any overt act unequivocally establishing an intention to commit rape, do not constitute the offence of attempt to rape.Observing that the allegations "at best" disclosed an offence of outraging the modesty of a woman under Section 354 of the Indian Penal Code, the Court set aside the appellant's conviction under Sections 376 read with 511 IPC.The order was passed by Justice Purnendu Singh while hearing an appeal against a Sessions Court order of conviction and three years rigorous imprisonment."I find that the appellant used criminal force against the victim by confining her inside the studio, closing the door, attempting to remove her salwar, and physically molesting her by pressing her chest. These acts clearly establish the use of criminal force upon a woman with the intention, or at least the knowledge, that such acts were likely to outrage her modesty, thereby satisfying the essential ingredients of Section 354 IPC," the Court observed.It added, "it appears that, even if the prosecution case is accepted in its entirety, the acts attributed to the appellant, as alleged in the FIR and deposed to by the victim, do not unequivocally establish the commission of an offence punishable under Section 376(1) read with Section 511 of the IPC. At best, the allegations disclose an act intended to outrage the modesty of the victim, thereby attracting the ingredients of Section 354 IPC."As per prosecution, the victim had accompanied her father to the appellant's studio for photography. It was alleged that after asking the victim's father to wait outside and view the photographs on a computer, the appellant bolted the studio door from inside, attempted to remove the victim's salwar and molested her with the intention of committing rape. The victim raised an alarm, prompting her father to force open the door, after which the appellant allegedly fled the spot.The High Court observed, "in the absence of any evidence of penetration, even to the slightest extent, or any overt act unequivocally constituting an attempt to commit rape, the ingredients of Section 375 IPC, and consequently Section 376 read with Section 511 IPC, are not attracted in absence of any medical corroboration.”Accordingly, the Court acquitted the appellant from all the charges.Case title: Himanshu Kr. Pathak v. State of BiharCRIMINAL APPEAL (SJ) No.775 of 2013Click Here To Read Order

Attempting To Remove Salwar, Pressing Chest Not Attempt To Rape; Amounts To Outraging Modesty : Patna High Court

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Attempting To Remove Salwar, Pressing Chest Not Attempt To Rape; Amounts To Outraging Modesty : Patna High Court

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