The complainant was asleep in her house at 10 am on February 8, 2010, when the man allegedly entered her house and laid on top of her and covered her mouth.
Published: October 17, 2026, 3:54 PM IST
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Attempt to Rape: Covering woman’s mouth, lying on her not enough to prove crime, Patna High Court limits sentence | Image: X
Attempt to Rape Case: Lying on a woman and covering her mouth does not prove an attempt to rape unless evidence proves that the accused went beyond preparation and took steps towards penetration, the Patna High Court said, Live Law reportedA single-judge bench of Justice Sandeep Kumar ruled while hearing the challenge to the judgment dated July 29, 2013 with a sentencing order dated August 1, 2013.
What Was The Case About?
A widow, who is a complainant in the case, was living with her childrenOn February 8, 2010, a man, the appellant, allegedly entered the house at 10 am , when the woman was asleep, blew out the lamp, lay on top of her and covered the woman’s mouth, the prosecution saidUpon hearing the woman’s voice, villagers gathered and caught the manHe was then handed over to the police.
4 Years Imprisonment
The man was produced in court and was sentenced to four years of jail under Sections 376/511 IPCHe was also slapped with six months of imprisonment under Section 448 IPCThe court stated that the sentences will run concurrently.
The man challenged the ruling, saying that the woman’s statement had inconsistencies and was not supported by other evidenceThe defence also said that the villagers who allegedly caught him were not called to testify in court.
The court reviewed the evidence and facts that amounted to an attempt to commit rape, punishable under 376/511 IPC or instead attracted 354 IPC—assault or criminal force intended to outrage the modesty of a woman.
After reviewing all facts, the court observed that the evidence is insufficient to prove that the man attempted to rape the woman.
“In the words of the Hon’ble Supreme Court in Aman Kumar (supra), indecent assaults are often magnified into attempts at rape, and materials must exist to show a determination to gratify passion at all events and in spite of all resistance,” the court observed, as quoted by Live Law.
