Rajasthan High Court: Removing Girl’s Innerwear Is Not Rape

Removing a girl’s and your clothes and getting completed naked is not considered as rape, this is what the Rajasthan High Court Said in a 33-year-old case.

Justice Anup Kumar Dhand’s bench stated that taking off a girl’s underwear and becoming completely naked oneself does not count as an attempt to commit rape. This action does not fall under Section 376 and Section 511 of the Indian Penal Code (IPC). Instead, it is considered assault with the intention of outraging a woman’s modesty, which is a crime under Section 354.

While delivering the verdict, Justice Anup Kumar Dhand referred to the Sittu vs Rajasthan State case. In that case, the accused forcibly stripped a girl naked and, despite her resistance, tried to have physical relations with her. This act was considered attempted rape. The Damodar Behera vs Odisha case is also similar.

The accused in this case was alleged of removing a woman’s saree, and when she shouted he ran away seeing the crowd. This case was not considered as a rape but as outraging a woman’s modesty under Article 354 of the Indian penal code. In the Rajasthan case the accused has been charged with molesting a 6-year-old girl.

As per the media reports, in the case of March 9, 1991 the accused Suvalal was just 25 years old when he committed the crime. He took off all the clothes of the 6-year-old along with his own and when she screamed the accused fled. The District Court Of Tonk convicted Suvalal of attempting rape. He remained in jail for Two and a half month during the trial.

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