The Rajasthan High Court ruling in a 33-Year-old case has stated that the act of removing a girl’s innerwear and undressing oneself with nothing more will not attract the offense of ‘attempt to commit rape’ under Section 376 read with Section 511 of IPC. Still, it will attract the offense of Assault to outrage the modesty of a woman punishable under Section 354 IPC.

What constitutes an “attempt”, Justice Anoop Kumar Dhand said, the accused must have gone beyond the stage of preparation. “In my opinion, from these facts, no case for an offense under Section 376/511 I.P.C. can be held to be proved. In other words, the accused-appellant cannot be held to be guilty of attempting to commit rape. The prosecution has been able to prove the case of assault or use of illegal force on the prosecutrix with an intention to outrage her modesty or with the knowledge that her modesty was likely to be outraged. Thus, it is a clear case of Section 354 I.P.C. as the act of the present accused has not proceeded beyond the stage of preparation,” the judge said.

The court was hearing the case where the complainant approached the police, in Tonk district saying that on March 9, 1991, his grand-daughter, aged about 6 years, was drinking water at the Pyau (Water Booth), where the accused Suvalal came around 8:00 pm and forcefully took her into nearby Dharamshala with an intention to commit rape on her.
When the girl raised a hue and cry, the villagers arrived and rescued her