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The Patna High Court has replaced an attempted-rape conviction with a conviction for assault or criminal force against a woman, finding that the prosecution proved an outrage to modesty but not an act sufficiently proximate to penetration.
Justice Sandeep Kumar said preparation becomes an attempt only when the accused performs an overt act directly moving towards commission of rape. The evidence in Md. Ainul Haque’s appeal did not meet that threshold.
The court affirmed the house-trespass conviction, reduced both custodial sentences to time already served and imposed a ₹25,000 fine under Section 354 IPC, payable entirely to the prosecutrix. The amount must be deposited within eight weeks. The decision was delivered on 8 October 2026.
Explore topicsCriminal Law