Patna HC Rules Attempt to Remove Salwar, Pressing Woman's Chest Alone Doesn't Amount to Attempt to Rape

The Patna High Court has ruled that attempting to remove a woman's salwar and pressing her chest, without evidence of penetration or a clear act directly leading to rape, does not constitute the offence of attempt to rape under the Indian Penal Code (IPC). The court observed that such allegations may amount to outraging a woman's modesty but are not, by themselves, sufficient to establish an attempt to commit rape.

The observation came while hearing an appeal filed by a man convicted in connection with a 2008 incident in Bihar's Banka district. Justice Purnendu Singh overturned the trial court's conviction under Sections 376/511 (attempt to rape) and 342 (wrongful confinement) of the IPC, holding that the legal requirements for proving an attempted rape had not been met.

According to the prosecution, the complainant had accompanied her father to a photo studio in Amarpur for a photograph. After her father was asked to wait outside, the studio owner allegedly locked the door, tried to remove the woman's salwar and pressed her chest. The woman reportedly raised an alarm, following which her father rushed to the spot and the accused fled.

While reviewing the evidence, the High Court noted that although the victim and her parents testified during the trial, the investigating officer and medical officer were not examined. The court found no evidence indicating penetration or any decisive act that would legally qualify as an attempt to commit rape.

However, the court observed that if the allegations were accepted, they clearly pointed to wrongful confinement and physical molestation. It said the alleged acts were more appropriately covered under Section 354 of the IPC, which deals with assault or use of criminal force intended to outrage the modesty of a woman.

On that basis, the High Court ruled that the conviction for attempt to rape could not be sustained and acquitted the appellant of all charges. The court also directed that the fine deposited by the accused be refunded and discharged him from the conditions of his bail bond.

The ruling comes against the backdrop of an earlier controversial judgment by the Allahabad High Court in a separate case, where certain acts were held to amount only to preparation and not an attempt to rape. That decision was later stayed by the Supreme Court, which described the observations as reflecting "total insensitivity" while dealing with offences involving sexual violence.