Ranchi:- The Jharkhand High Court upheld the conviction of an accused in an attempt-to-rape case that is nearly 27 years old but granted significant relief with regard to the sentence. The court clarified that entering a woman's house at night, grabbing her, removing her clothes, or engaging in obscene acts with her is a serious offence, but not every such act can automatically be classified as an attempt to rape.
The offence of attempt to rape is established only when the accused commits a clear and decisive act that unmistakably progresses towards the commission of rape. A bench of Justice Pradeep Kumar Srivastava made these observations while hearing the criminal appeal of Kamalendu Mahto (alias Khoka) from Ghatshila. The court convicted the accused under Section 354 of the IPC and considered a sentence of eight months sufficient instead of the four-year sentence imposed earlier.