Undressing woman for sexual assault amounts to attempt to rape: Allahabad HC
Justice Rajnish Kumar passed the judgment on July 1, rejecting an appeal filed by a convict in the offence of attempt to rape a victim.
Since the case is from 2004, it was decided as per IPC and now the appeal has been adjudicated by the high court.
Also Read | Kolkata gang rape: Crime scene reconstruction done over 4 hours as accused taken to law college
In this case, one Pradeep Kumar in 2004 had forcibly abducted the victim and kept her confined to a house for nearly 20 days. Later, he had attempted to rape her by undressing her. He was convicted by the trial court and sentenced to 10 years' imprisonment. The convict had filed an appeal against the verdict but the high court upheld the decision of the trial court.
The prosecution had alleged that the accused Pradeep Kumar forcibly took the victim in a van, confined her to a relative's house for about 20 days and during that time, he undressed her and attempted to sexually assault her. However, he failed to commit the offence of rape due to her resistance, the prosecution added.
The court noted that it was proved by the prosecution that the victim was forcibly kidnapped by the appellant with the intention of raping her.
Also Read | Pune techie's rape accused was her friend; she took selfie, typed threat: Police
'He with the said motive kept her at the residence of his relative for about 20 days, where he not only outraged the modesty of the victim but also attempted rape by undressing her. However, he could not commit intercourse on account of her protest. The victim has stated that the appellant had done bad work with her. The victim reiterated and supported the statement given under Section 164 CrPC before the magistrate in her evidence during trial also,' the court observed.
The court relied on several Supreme Court judgments in which it was held that the removal of the victim's clothes by the accused constitutes an attempt to rape.
Also Read | 'Forced to undergo sex change' by friend, man alleges rape, extortion, 'black magic' in MP
It also dismissed the appellant's contention that the delay in filing the complaint weakened the prosecution's case, noting that the delay had been adequately explained.
The high court further rejected the argument that the accused was falsely implicated due to enmity, stating that the appellant had failed to substantiate this claim.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
40 minutes ago
- Time of India
Hyderabad horror: 9 years after deadly crash, victim's kin say accused has fled abroad
HYDERABAD: Nine years after a ghastly road accident led to the death of three people across three generations, including nine-year-old Ramya, family members of the girl have written to senior police officials raising concerns over the absence of an accused from court proceedings. Tired of too many ads? go ad free now In his email, also marked to the Hyderabad police commissioner, Ramya's father Venkata Ramana wrote: "We are deeply alarmed by the fact that Vineeth, who played a pivotal role in enabling the accident, is absconding, and as per our information, has travelled abroad. The court records show a non-bailable warrant (NBW) is pending against Vineeth." Accident that shook Hyd The accident took place at Nagarjuna Circle on July 1, 2016 when a car driven by two youngsters, allegedly after drinking at a pub in Banjara Hills, hit the median, flipped and fell on the hatchback being driven by Ramya's uncle, P Rajesh. Ramya, Rajesh and her grandfather Madhusudhana Chary died in the accident. The family was returning to their home in Borabanda after picking Ramya up from her school in Secunderabad. The accident sent shockwaves across the people - R Shravil, Kancha Vishnu Vineeth and Subhajit Bhattacharya - were named accused by Banjara Hills police in the case. Shravil was accused of driving the car that belonged to Vineeth, allegedly under the influence of alcohol, with the latter seated inside. Subhajit, the representative of Thank God Its Friday (TGIF), a pub in Banjara Hills where the two allegedly consumed liquor, was accused of serving alcohol to under-aged Shravil who was 20 years old at that time. One accused discharged Banjara Hills police charged Shravil and Vineeth under Sections 304 II (culpable homicide not amounting to murder) and 326 (voluntarily causing hurt) of the IPC in the chargesheet filed in Nov 2016. Tired of too many ads? go ad free now But in 2022, Vineeth approached the Nampally court and obtained relief. It discharged him from the charges of 304 II and 326 of the IPC. "The learned prosecution did not give any reply regarding the rulings replied upon by the counsel of the petitioner (Vineeth). Admittedly, there is no material on record to show that the petitioner has intentionally aided or abetted the commission of offence in the above case voluntarily. Therefore, in these circumstances, it is held that the petitioner has made out proper case forming the grounds for discharging him from the charges of offences under Sections 304 II, 326 of IPC and his entitled to be discharged from the offences," the additional metropolitan sessions judge said in the order. The only charge standing against Vineeth was violating the Motor Vehicle (MV) Act. A few months ago, the judge directed him to appear before the court. But he did not attend the court proceeding. In April 2025, the court issued a NBW against him. In the same month, during one of the hearings, Banjara Hills police returned the NBW as his whereabouts were allegedly not known. The matter is coming up for hearing again on July 8.
Indian Express
5 hours ago
- Indian Express
Wanted in 2015 robbery-murder case, man arrested from Greater Noida
A man accused in a 2015 robbery-murder case and on the run for several years was arrested from Greater Noida on Sunday, said police. Identified as Ashish Kumar (35), the accused allegedly killed a businessman and looted Rs 7 lakh from him at Maurya Enclave in 2015, said officers. He was declared a proclaimed offender after he failed to surrender in 2022 after getting an interim bail in 2020, which was extended due to the pandemic. The case was lodged at the Maurya Enclave police station under multiple Indian Penal Code (IPC) sections, including those for murder, robbery, and criminal conspiracy, as well as under provisions of the Arms Act, said police. According to the police, inputs were received in the early hours of Sunday about the accused working at a mobile plant in Greater Noida. The police set a trap and arrested him. 'He was still pursuing his undergraduate studies when his friend Amit, already involved in criminal activity, persuaded him to join a plan to rob a businessman in Maurya Enclave, Delhi. Shahbad, another associate of Amit, and Ashish robbed Rs 7 Lakh from the victim. When the victim resisted, they murdered him,' DCP Sanjeev Kumar Yadav said.
Time of India
5 hours ago
- Time of India
Woman loses 21L in money laundering scam
1 2 3 Pune: Cybercrooks, who posed as officers from TRAI , CBI , and even a Supreme Court Judge, duped a 39-year-old woman from Pimple Saudagar of Rs21 lakh by scaring her by saying her Aadhaar card number was misused for money laundering. The fraud occurred between June 26 and July 4 this year. The crooks told the woman to transfer her money to a bank account for verification purposes and duped her. The woman lodged a complaint with the Sangvi police on Saturday. Inspector Amol Nandekar of the Sangvi police told TOI that the woman, who is well-educated, works with a private company in Pimpri Chinchwad. According to the complainant, on June 26, she received a call from an unknown cellphone number. The caller introduced himself as an officer from the Telecom Regulatory Authority of India (TRAI) and told her that someone obtained a SIM card by misusing her Aadhaar details. He also told the woman that the person sent obscene photographs and lewd messages to several people from that SIM number. "The man told the woman that the department had several complaints against her and even a case of money laundering was registered against her, which was being investigated by the Mumbai crime branch and CBI," Nandekar said. The officer said that the woman was told to download a telecommunication app and a 'senior officer' from Mumbai police spoke with the woman. Later, the crooks claimed to be the director of CBI and a 'Supreme Court Judge' told the woman that she could be arrested in the money laundering case. You Can Also Check: Pune AQI | Weather in Pune | Bank Holidays in Pune | Public Holidays in Pune "The woman was then told that the CBI needed to verify her bank account. They took the details of her balance and told her to transfer the money to a bank account. The crooks promised her to return the money after the verification," the officer said. Nandekar said that the terrified woman transferred Rs21 lakh to a bank account number provided to her. While the woman was waiting to get her money back, she received a call from another unknown person. "The caller told her that earlier she was dealing with fraudulent people and told her to give all details about the case to him. She then became suspicious and approached us," Nandekar said. He said that a case under sections 308 (extortion), 316 (criminal breach of trust), 318 (cheating), 319 (cheating by personation) of the Bharatiya Nyaya Sanhita (BNS) and the relevant sections of the Information and Technology Act was registered against the unknown persons. "Our investigations are on," he said. Pune: Cybercrooks, who posed as officers from TRAI, CBI, and even a Supreme Court Judge, duped a 39-year-old woman from Pimple Saudagar of Rs21 lakh by scaring her by saying her Aadhaar card number was misused for money laundering. The fraud occurred between June 26 and July 4 this year. The crooks told the woman to transfer her money to a bank account for verification purposes and duped her. The woman lodged a complaint with the Sangvi police on Saturday. Inspector Amol Nandekar of the Sangvi police told TOI that the woman, who is well-educated, works with a private company in Pimpri Chinchwad. According to the complainant, on June 26, she received a call from an unknown cellphone number. The caller introduced himself as an officer from the Telecom Regulatory Authority of India (TRAI) and told her that someone obtained a SIM card by misusing her Aadhaar details. He also told the woman that the person sent obscene photographs and lewd messages to several people from that SIM number. "The man told the woman that the department had several complaints against her and even a case of money laundering was registered against her, which was being investigated by the Mumbai crime branch and CBI," Nandekar said. The officer said that the woman was told to download a telecommunication app and a 'senior officer' from Mumbai police spoke with the woman. Later, the crooks claimed to be the director of CBI and a 'Supreme Court Judge' told the woman that she could be arrested in the money laundering case. "The woman was then told that the CBI needed to verify her bank account. They took the details of her balance and told her to transfer the money to a bank account. The crooks promised her to return the money after the verification," the officer said. Nandekar said that the terrified woman transferred Rs21 lakh to a bank account number provided to her. While the woman was waiting to get her money back, she received a call from another unknown person. "The caller told her that earlier she was dealing with fraudulent people and told her to give all details about the case to him. She then became suspicious and approached us," Nandekar said. He said that a case under sections 308 (extortion), 316 (criminal breach of trust), 318 (cheating), 319 (cheating by personation) of the Bharatiya Nyaya Sanhita (BNS) and the relevant sections of the Information and Technology Act was registered against the unknown persons. "Our investigations are on," he said.
