Simplified Explanation of the Judgment
In a recent decision, the Patna High Court considered an appeal filed by a convict who had been previously sentenced under Sections 376/511 of the Indian Penal Code (IPC) — which deals with the attempt to commit rape. The trial court had awarded a five-year rigorous imprisonment sentence along with a fine. Upon appeal, Hon’ble Mr. Justice Sandeep Kumar re-examined the evidence and ultimately reduced the conviction from attempted rape to the lesser offence of outraging the modesty of a woman under Section 354 of the IPC.
The case arose from an incident reported in August 2013 in West Champaran district, Bihar. The female informant, who was 18 years old at the time, alleged that while she was alone at home during the night, the appellant forcefully entered the house and tried to assault her. She raised an alarm (halla), which brought her family members to the scene, causing the appellant to flee.
During the trial, the prosecution examined five witnesses including the victim and her immediate family. However, the Investigating Officer (IO) was not examined. This absence was considered significant, as it denied the defence an opportunity to challenge inconsistencies in the statements made during investigation and at trial.
The High Court acknowledged that although the appellant had entered the victim’s house and tried to molest her, there was no evidence of penetration or physical undressing — essential elements required to sustain a conviction under Sections 376/511 IPC. Instead, the Court concluded that the accused’s actions constituted an attempt to outrage modesty, punishable under Section 354 IPC.
The Court relied on precedent, including the Supreme Court ruling in Tarkeshwar Sahu v. State of Bihar, which clarifies that a lesser offence conviction is permissible even if the accused was not originally charged under that specific section — provided that the facts and evidence justify it.
As a result, the conviction under Sections 376/511 IPC was set aside, and the appellant was instead convicted under Section 354 IPC and sentenced to one year of rigorous imprisonment.
Significance or Implication of the Judgment
This judgment emphasizes the importance of accurately classifying sexual offences based on evidence. It reflects a careful judicial approach where the gravity of charges is measured against proof rather than mere allegations. The decision also reiterates that the absence of penetration or direct intent for rape does not eliminate accountability when a woman’s dignity is violated.
For the general public, this judgment sends a strong message that acts intended to outrage the modesty of women are punishable, even if they do not meet the threshold of attempted rape. For law enforcement and prosecutors, it underlines the critical role of evidence collection and the presence of key witnesses, like investigating officers.
Legal Issue(s) Decided and the Court’s Decision
- Whether the appellant was rightly convicted under Sections 376/511 IPC?
- Decision: No. The evidence did not support the elements necessary for this offence.
- Whether the appellant could be convicted under Section 354 IPC instead?
- Decision: Yes. The act of entering the victim’s house and attempting to outrage her modesty meets the criteria under Section 354 IPC.
- What sentence was appropriate under Section 354 IPC?
- Decision: One year of rigorous imprisonment.
Judgments Relied Upon or Cited by Court
- Tarkeshwar Sahu v. State of Bihar (Now Jharkhand), (2006) 8 SCC 560
Case Title
Criminal Appeal (SJ) No. 716 of 2019
Case Number
CRIMINAL APPEAL (SJ) No.716 of 2019
Citation(s)- 2025 (1) PLJR 143
Coram and Names of Judges
Hon’ble Mr. Justice Sandeep Kumar
Names of Advocates and who they appeared for
- For the Appellant: Mr. Bimlesh Kumar Pandey and Mr. Ashok Kumar Singh, Advocates
- For the Respondent (State): Mrs. Abha Singh, APP
Link to Judgment
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