The Jharkhand High Court has held that merely entering a woman's house at night and lifting her clothes, without any specific overt act sufficiently proximate to the commission of rape, would not constitute an attempt to rape under the Indian Penal Code (IPC).

The bench of Justice Pradeep Kumar Srivastava passed the ruling while hearing an appeal arising from a 26-year-old case and modified the conviction from attempt to rape to outraging the modesty of a woman and use of criminal force.

The case dates back to December 1999, when the accused allegedly entered the victim's house at night and attempted to lift her clothes with the intention of raping her.

Following the registration of an FIR on December 27, 1999, the police investigated the matter and booked him for attempt to rape.

The Sessions Court subsequently convicted him and, on July 25, 2006, sentenced him to four years of rigorous imprisonment.

The High Court, however, found that the victim's testimony did not disclose any specific overt act by the accused that could be considered a step towards the commission of rape.

Justice Srivastava observed that a specific overt act sufficiently proximate to the commission of rape is necessary to constitute an attempt to rape under the IPC.

At the same time, the Court held that the accused's conduct was obscene and objectionable and was sufficient to constitute an offence involving outraging the woman's modesty and use of criminal force.

While modifying the conviction and sentence, the High Court noted that the appellant had already spent around eight months in custody during the trial. It held that the period already undergone would be sufficient to meet the ends of justice.