The Rajasthan High Court ruling in a 33-year-old case has stated that the act of removing a minor girl’s inner wear and making oneself naked will not attract the offence of ‘attempt to commit rape’.
In the case dating back to March 9, 1991, in Todaraisingh, Tonk district, the complainant’s six-year-old granddaughter was accosted by the accused, Suvalal, around 8 pm when she had gone out to drink water. Suvalal forcefully took the child into a nearby dharamshala, where he took off her inner wear and undressed himself. When the child cried for help, villagers rushed to the scene and rescued her.
In delivering the judgment, Justice Anup Kumar Dhand clarified that the actions of Suvalal—taking off the girl’s underwear and undressing himself—do not fall under Section 376 (rape) and Section 511 (attempt to commit offenses) of the Indian Penal Code (IPC). Therefore, these actions do not meet the legal criteria for the offense of ‘attempt to commit rape’ under these sections.
While delivering the judgment in this case, Justice Anup Kumar Dhand stated that the act of taking off a girl’s underwear and getting naked oneself does not fall under Section 376 (rape) and Section 511 (attempt to commit offenses) of the Indian Penal Code (IPC). Therefore, it will not attract the offense of ‘attempt to commit rape.’
Justice Dhand’s ruling clarified the legal interpretation of what constitutes an ‘attempt to commit rape’ under these sections, indicating that further actions or circumstances would be required to meet the threshold for this particular offense under the IPC.
However there are certain Misinterpretation of sexual assault: In many jurisdictions, removing clothing and sexual contact, even without penetration, can be considered attempted rape or sexual assault.
