Patna, Oct 14 The Patna High Court has set aside a man’s conviction for attempted rape of a widow, holding that there was insufficient evidence to prove the charge, but upheld his conviction for assaulting her with intent to outrage her modesty.
A single-judge bench of Justice Sandeep Kumar passed the order on October 8 while partly allowing a criminal appeal filed by Mohammad Ainul Haq. It ruled that allegations of him entering a woman's hut at night, covering her mouth and mounting her body, without supporting medical or material evidence, were insufficient to establish rape.
The bench set aside his conviction under Sections 376/511 of the Indian Penal Code (IPC) but upheld his conviction under Section 354 for assault or criminal force with intent to outrage a woman’s modesty, along with the charge of house trespass under Section 448.
The court directed him to pay a fine of Rs 25,000, which would be given entirely to the victim as compensation.
The case relates to an incident in Begusarai district in February 2010, when the man allegedly entered the widow’s hut at night, extinguished a lamp, lay on her and pressed her mouth to stifle her cries.
Villagers reportedly rushed to the spot after hearing her alarm and caught him.
The court said the prosecution had established the man’s presence inside the woman’s house and his conduct towards her.
However, it found insufficient evidence to establish attempted rape, noting the lack of consistent evidence of any act beyond the assault.
The court held that the prosecution had established his presence inside the woman's house and that his conduct amounted to an offence under Section 354 of the IPC.
However, it found "insufficient evidence to sustain the charge of attempted rape, noting that there was no evidence of disrobing or any act towards penetration".
"Evidence of the prosecutrix inspires confidence as regards the core of the occurrence, namely, that the appellant entered her house at night, extinguished the lamp, lay upon her and pressed her mouth to stifle her cries. However, on the further question as to what the appellant did, or attempted to do, beyond that, the evidence of the prosecution is neither consistent nor supported by any other material. In the complaint petition, the allegation was of commission of rape," the bench said.
The court noted that the investigating officer had filed a chargesheet for attempted rape and the trial court had framed charges accordingly.
The court reduced the substantive sentences for both offences to the period already undergone, taking into account the man's age, lack of criminal antecedents and the more than 13 years he had spent on bail.
It directed him to deposit the fine within eight weeks, failing which he would face six months of simple imprisonment. The amount, upon recovery, will be disbursed to the victim.
