Patna High Court: Lying on woman, covering mouth insufficient to prove rape attempt

The Patna High Court has held that the physical act of a man lying on top of a woman and covering her mouth is insufficient evidence to prove an attempt to commit rape.

The case involved a widow who was sleeping in her house when a man allegedly entered her premises, extinguished a lamp, lay on top of her, and covered her mouth. The court examined whether these actions constituted an attempt to rape under criminal law.

In its judgment, the court stated that additional circumstances and intent must be established to prove the offense of attempt to rape. The ruling has implications for how courts assess evidence in sexual assault cases and what constitutes a criminal attempt versus mere physical contact.

The decision limits the conviction in the case and sets a precedent for how similar cases will be evaluated by courts in the state.