In a significant ruling, the Rajasthan High Court declared that forcibly removing a girls clothes and becoming completely naked oneself does not constitute rape. Justice Anup Kumar Dhands bench clarified that such actions are categorized as assault with the intention to outrage a womans modesty, falling under Section 354 of the Indian Penal Code (IPC), rather than Section 376 and Section 511.Background of the case In the present case, the accused was charged with molesting a 6-year-old girl by removing her saree and fleeing upon her outcry. The court differentiated this as an outrage to modesty under Article 354, rather than rape.The media reports revealed details of the incident dating back to March 9, 1991, involving the accused Suvalal, then 25 years old, who disrobed the 6-year-old along with himself. Upon her screams, the accused fled the scene. The District Court of Tonk had initially convicted Suvalal of attempted rape, leading to his imprisonment for two and a half months during the trial.Verdict of Rajasthan HCThe verdict, referencing the Sittu vs Rajasthan State case, highlighted an incident where the accused forcibly stripped a girl and attempted physical relations despite her resistance, leading to charges of attempted rape. Similarly, the Damodar Behera vs Odisha case echoed this patternThe Rajasthan High Courts ruling in this long-standing case sheds light on the interpretation of sexual offenses under the IPC, drawing a clear distinction between rape and actions amounting to outrage of modesty.
