Removing minor girl's underwear, getting naked ‘not attempt to rape’: Rajasthan high court

Cicada 5

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The Rajasthan high court recently ruled that the act of removing a minor girl's innerwear and getting naked in front of her does not amount to an “attempt to commit rape”, and instead could be considered an “offence of outraging the woman's modesty”.

According to the complaint, the girl was drinking water at a water booth when the accused - who was 25 years old at that time - forcefully took her to a nearby ‘Dharamshala’ with the intention to commit rape on her, reported News18. However, when the girl raised her voice, the villagers rescued her. Following this, the accused fled the scene.


While the complaint mentions that the accused undressed himself and the victim, it did not allege that the accused attempted penetration.

Responding to the case, the high court said it does not fall under the Sections 376 and 511 of the IPC and will not attract the offence of “attempt to commit rape”. The single-judge bench of Justice Dhand further emphasised on the term “attempt”, saying that the accused must have “gone beyond the stage of preparation”.
 

Gordon_4

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Considering this is a Pakistan court, I’m kind of surprised he’s being charged with an offence at all.

EDIT: turns out I’m dumb and can’t read since this has taken place in India. My bad.
 
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Gordon_4

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Rajasthan is in India.
Well now I just feel stupid. I think the URL threw me since it looks like it’s about some joint statement about Pakistan and China. Although it being called the Hindustan Times should probably of clued me in better. Oh well, live and learn.


Although India has had some big protests over this kind of violence in the past decade, so I can’t imagine this judge is going to be flavour of the month with this kid’s family and friends. But yeah, as read it does seem like they’re drawing just, an absurdly fine line here. I’d imagine that kind of outright action would result in charges being laid of attempted rape in most modern courts in the west. So yeah it’s kind of bullshit it hasn’t here.