‘Lying Atop Woman, Sans Backing Proof, Can't Be Held as Rape’: Patna HC Reduces Rape Conviction to Assault

The Patna High Court has reduced a man's rape conviction to assault with intent to outrage a woman's modesty, ruling that the evidence presented in the case was insufficient to establish rape. A single-judge bench of Justice Sandeep Kumar delivered the verdict on October 8 while partly allowing a criminal appeal filed by Mohammad Ainul Haq. The judgment became public on Tuesday.

According to the prosecution, Haq entered a widow's hut around 10 pm on February 8, 2010, covered her mouth and mounted her "with evil intentions". When he removed his hand, the woman raised an alarm, prompting 10-15 villagers, including her immediate neighbour, to rush to the spot and catch him.

During the trial, however, all witnesses except the woman turned hostile. The prosecution also failed to produce medical evidence, such as bruises or injuries, or material evidence, including torn or disarranged clothing, to corroborate the allegation.

The High Court held that even if the woman's testimony was accepted, the evidence established, at best, criminal trespass and assault, rather than rape.

The ruling modified a July 29, 2013, judgment by a Begusarai trial court, which had convicted Haq of raping the widow and sentenced him to four years in prison, along with a fine.

Setting aside the rape conviction, the High Court found Haq guilty of assaulting a woman with the intent to outrage her modesty. It imposed a fine of Rs 25,000 and directed him to pay the amount to the woman within three weeks.

Justice Kumar relied on Supreme Court judgments in Aman Kumar vs State of Haryana (2004) and Rupan Deol Bajaj vs KPS Gill (1995) while delivering the verdict.