The Nagpur bench of the Bombay high court, while reducing the sentence of a rape convict, has ruled that rubbing the male organ against female genitals constitutes an attempt to rape. The accused had sought a further reduced sentence by claiming that it should be considered as outraging modest.
"Considering the fact that the appellant had rubbed his penis against the survivor's vagina and she left the spot on pretext of going to urination, it can safely be said that there was an attempt to commit rape by him," the single-judge bench comprising Justice Madan Tahaliyani ruled recently.
"In my considered opinion, rubbing of penis against survivor's genitals may not simply amount to an offence punishable under Section 354 (outraging modesty) of the IPC. Since it is not possible to ascertain whether even slightest penetration was there or not, it will not be possible to convict the appellant for the offence punishable under Section 376 (rape) of the IPC," the court said before reducing the 10-year rigorous imprisonment sentence to five years.
Petitioner Pomesh Rahangdale allegedly tried to rape a 10-year-old girl who was his neighbour on December 26, 2010, at his room after luring her with chocolates.
The session court convicted him under Section 376(2)(f) of IPC and awarded him 10 years' RI along with a Rs 5,000 fine, which he challenged in the higher judiciary. The section of the IPC pertains to rape of a girl under twelve years of age.
"Considering the fact that the appellant had rubbed his penis against the survivor's vagina and she left the spot on pretext of going to urination, it can safely be said that there was an attempt to commit rape by him," the single-judge bench comprising Justice Madan Tahaliyani ruled recently.
"In my considered opinion, rubbing of penis against survivor's genitals may not simply amount to an offence punishable under Section 354 (outraging modesty) of the IPC. Since it is not possible to ascertain whether even slightest penetration was there or not, it will not be possible to convict the appellant for the offence punishable under Section 376 (rape) of the IPC," the court said before reducing the 10-year rigorous imprisonment sentence to five years.
Petitioner Pomesh Rahangdale allegedly tried to rape a 10-year-old girl who was his neighbour on December 26, 2010, at his room after luring her with chocolates.
The session court convicted him under Section 376(2)(f) of IPC and awarded him 10 years' RI along with a Rs 5,000 fine, which he challenged in the higher judiciary. The section of the IPC pertains to rape of a girl under twelve years of age.
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