In a significant ruling, the Allahabad High Court has reaffirmed that undressing a woman with the intent to commit rape constitutes an attempt to rape under Section 511 of the Indian Penal Code.
The decision came in the case of Pradeep Kumar v. State, where the Court upheld the conviction of a man who abducted a woman in 2004 and held her captive for nearly 20 days. During this period, he undressed her and attempted to sexually assault her, but the act was not completed due to her resistance.
“He not only outraged the modesty of the victim but also attempted rape by undressing her,” observed Justice Rajnish Kumar, adding that the prosecution had successfully established the accused’s motive and actions.
The Court relied on established Supreme Court precedents which hold that removing a victim’s clothes with the intent to rape qualifies as an attempt to rape.
Rejecting the appellant’s defense, the Court noted:
“The victim reiterated and supported the statement given under Section 164 CrPC before the Magistrate in her evidence during trial also.”
The Court also dismissed arguments related to delayed FIR, stating:
“The delay in lodging the FIR has properly been explained… and in view of the law laid down by the Hon’ble Apex Court, the delay is immaterial in such cases, particularly when the prosecution has proved its case.”
On the contention of false implication due to enmity, the Court found no evidence:
“The plea of implication of the applicant on the ground of enmity could not be proved… no cogent material could be placed on record.”
With these observations, the High Court upheld the trial court’s verdict and the 10-year imprisonment sentence awarded to the accused.
Case: Pradeep Kumar vs State – Available on LAWFYI.IO
