Chhattisgarh High Court reduces sentence in rape attempt case
The Chhattisgarh High Court has reduced the prison sentence of a man convicted of attempting to rape a woman, holding that the six-year term imposed by the trial court was “on the higher side.” The court noted that under Section 376(1) of the Indian Penal Code (IPC), the minimum punishment for rape is seven years, and since the case involved an attempt (Section 376/511), a lesser sentence was appropriate. Justice R.S. Garg delivered the judgment on January 12, 2001, partially allowing the appeal filed by the accused, Ramdil, and reducing his sentence to three and a half years of rigorous imprisonment.
The case originated in Ambikapur, where the First Additional Sessions Judge had in 1999 convicted the appellant under Sections 376/511 IPC and sentenced him to six years in prison. Ramdil appealed against the conviction and sentence before the High Court.
According to the prosecution, on the night of September 3, 1998, around 11 p.m., the accused knocked on the victim’s door while she was alone at home, entered the house, pushed her to the ground, and attempted to rape her. The victim raised an alarm, but her in-laws could not reach her immediately as the accused had bolted their room from the outside. She later managed to unlock the door, and her family members saw the accused in their courtyard.
The defense argued that the case involved consent and that the victim had filed a false report after being discovered. However, the High Court rejected this argument. Justice Garg observed that “nothing has been brought on record to show that the prosecutrix was lying” and that the defense of consent “could straightaway be rejected.” The court emphasized that the prosecution evidence, particularly the testimony of the victim and her relatives, was consistent and credible.
While upholding the conviction under Section 376/511 IPC, the court considered the sentence excessive. Justice Garg reasoned that since this was an attempt, not a completed act of rape, a six-year sentence was disproportionately harsh. He reduced it to three and a half years of rigorous imprisonment and directed that the accused serve the remaining term.
