Removing minor's underwear, getting naked 'not attempt to rape': HC
The Rajasthan High Court recently ruled that the act of removing a minor girl's underwear and undressing in front of her does not constitute an "attempt to commit rape." A single-judge bench delivered the verdict while hearing a 33-year-old case involving an alleged assault on a minor girl. The incident reportedly occurred when the then-25-year-old accused allegedly took the six-year-old victim forcefully to a nearby location with intent to rape.
Court defines 'Attempt to rape' in legal terms
Justice Anup Kumar Dhand of the single-judge bench clarified that for an act to be considered an "attempt," the accused must have "gone beyond the stage of preparation." He further explained that "three stages" need to be fulfilled for an act to qualify as an attempt to rape. These stages are when the accused entertains the idea or intention to commit an offense, makes preparations to commit it, and takes deliberate, overt steps to commit the offense.
Court references previous cases in verdict
Justice Dhand said the act could instead be deemed an "offense of outraging the woman's modesty." The court also referenced previous cases such as Damodar Behera vs Odisha and Sittu vs Rajasthan in delivering the judgment. In these cases, the forcible undressing by the accused and attempts at physical relations, despite resistance from the victims, were considered attempts to rape.
