Man escapes attempt to rape charge, guilty of molesting minor
A court in New Delhi has sentenced a man to two years imprisonment finding him guilty of outraging the modesty of a minor but absolved him of the charge of attempt to rape.delhi Updated: Oct 13, 2009 20:50 IST
A court here has sentenced a man to two years imprisonment finding him guilty of outraging the modesty of a minor but absolved him of the charge of attempt to rape.
The court relied on the statement of the victim to arrive at the findings that the criminal act of the accused did not fall in the statutory definition of attempt to rape as there was no evidence to back up the charge.
"In the backdrop of the evidence adduced by the prosecution, it emerges that accused had only removed his shirt and otherwise did not undress himself. It has not been shown that there was any attempt of penetration of the slightest degree. But the accused had definitely outraged the modesty of the child," Additional Sessions Judge Shailendra Kaur said in the verdict.
The judge said that at the most the accused Bhagat could be charged with the offence of outraging the modesty of four-year-old victim.
The court noted that the minor deposed that the accused loved her but from her testimony, it did not appear that there was any 'penetration' made by the accused.
"The act of making love has not been explained by the witness. Thus, it cannot be inferred that by making love, the child meant sexual intercourse or its attempt," the court said.
A case was registered against Bhagat at Anand Parbat police station in the Central Delhi after the child had on March 4, 2005, complained to her parents that the accused had allegedly tried to rape her in his house.