Rajasthan High Court Says Removing Minor Girl's Innerwear and Undressing Oneself Not 'Attempt To Rape' but Indecent Assault
The high court bench of Justice Anoop Kumar Dhand also emphasized what constitutes an "attempt" and the distinction between an attempt to commit rape and to commit indecent assault. The justice further said that for the former, the accused must have gone beyond the preparation stage.
The Rajasthan High Court recently said that the act of removing a girl's innerwear and undressing oneself with nothing more would not attract the offence of "attempt to commit rape" under Section 376 and Section 511 of the Indian Penal Code (IPC). However, the court said that the act would attract the offence of Assault to outrage the modesty of a woman, punishable under Section 354 of IPC. The high court bench of Justice Anoop Kumar Dhand also emphasized what constitutes an "attempt" and the distinction between an attempt to commit rape and to commit indecent assault. The justice further said that for the former, the accused must have gone beyond the preparation stage. The court also noted that in the case, there was no allegation that the accused attempted penetration. The minor girl prosecutrix said that the accused undressed the victim and himself and fled the scene when she made him cry. HC on Bigamy: Rajasthan High Court Says Not Bigamy if Married Man Lives With Another Woman As Long as They.
HC on Modesty of Woman
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