Evidence falls short: HC reclassifies rape conviction as attempted rape

Raipur: Ejaculation without penetration constitutes an attempt to commit rape and not actual rape, the Chhattisgarh high court observed in a Feb 16 ruling that potentially holds significant national ramifications.Delving into the case details, the court stated that while the survivor initially claimed penetration, she later retracted her earlier. This discrepancy, coupled with medical findings of an intact hymen, determined that there was only an attempt with the intent to commit rape. She stated further that she could not open her mouth, as the accused clasped both her hands tightly and she was confined in a locked room for several hours.According to the prosecution, the incident occurred on May 21, 2004, when the survivor was alone at her house. The accused, who was 25 at the time, allegedly dragged her to his house, locked her inside a room, tied her hands and legs, and stuffed cloth into her mouth and raped her. An FIR was registered. After investigation, the charge sheet was filed and the case was committed to the Sessions Judge, Raipur. By judgment dated April 6, 2005, the trial court convicted the accused under Sections 376(1) and 342 IPC and sentenced him to 7 years' rigorous imprisonment with a fine of Rs 200 for rape and 6 months for wrongful confinement.The bench of single judge, Justice Narendra Kumar Vyas, partly allowed the plea and modified the conviction from rape to attempt to commit rape, reiterating that "even the slightest penetration" was sufficient to constitute rape under Section 375 IPC as it stood, prior to the 2013 amendment.However, on reappreciation of evidence, the HC determined that the survivor's statements raised an element of doubt about actual penetration.