Rajasthan high court: Removing girl’s underwear and getting naked not attempted to rape

The Rajasthan High Court has ruled that the act of removing a minor girl’s innerwear and then getting naked oneself does not amount to an 'attempt to commit rape' but constitutes an offence of outraging the woman’s modesty.

This ruling was delivered by a bench led by Justice Anup Kumar Dhand in a case dating back 33 years.

Justice Dhand clarified that the actions described do not meet the criteria under Sections 376 and 511 of the Indian Penal Code (IPC) but fall under Section 354 of the IPC, which addresses 'outraging the modesty of a woman'.

The judge explained that for an action to qualify as an attempt to commit a crime, the accused must move beyond mere preparation. In this case, the actions did not progress beyond preliminary stages.

The case involved Suvalal, who was alleged to have attempted to rape a six-year-old girl in Todaraisingh, Tonk district on March 9, 1991.

Suvalal forcefully took the girl into a nearby Dharamshala with the intent to commit rape, but her cries for help brought villagers to the scene, preventing further assault.

Although originally convicted of attempted rape by the District Court of Tonk, Justice Dhand reclassified the crime under Section 354 based on the absence of any attempt at penetration.

The ruling referenced previous cases, including Damodar Behera vs Odisha and Sittu vs Rajasthan State, to delineate the stages of committing a crime.

Justice Dhand emphasized that for an offense to be considered an attempt, clear, overt actions beyond preparation must be evident.

In Suvalal's case, the court determined that his actions did not meet this threshold, leading to the reclassification of the crime.