Patna High Court Overturns Attempted Rape Conviction Due to Insufficient Evidence

Patna, Oct 14, 2026 13:48 IST

The Patna High Court has set aside a man's conviction for attempted rape of a widow, ruling that there was insufficient evidence to prove the charge. However, it upheld his conviction for assaulting her with the intent to outrage her modesty and for house trespass.

The court reduced his sentences for both offences to the period already served and directed him to pay a fine of Rs 25,000 as compensation to the woman. It considered his age, lack of a criminal record and the fact that he had spent more than 13 years on bail.

Justice Sandeep Kumar passed the order on October 8 while partly allowing a criminal appeal filed by Mohammad Ainul Haq. The court set aside his conviction under Sections 376 read with 511 of the Indian Penal Code for attempted rape, but upheld his convictions under Section 354 for assault or use of criminal force with the intent to outrage a woman's modesty and Section 448 for house trespass.

The case relates to an incident in Bihar's Begusarai district in February 2010. Haq was accused of entering the widow's hut at night, extinguishing a lamp, lying on her and pressing her mouth to stifle her cries. Villagers reportedly rushed to the spot after hearing her alarm and caught him. The court said the prosecution had established Haq's presence inside the woman's house and his conduct towards her, holding that his actions amounted to an offence under Section 354 of the IPC.

However, the court found insufficient evidence to sustain the attempted rape charge, noting that there was no evidence of disrobing or any act towards penetration. It said the allegations that he had entered the hut at night, covered the woman's mouth and mounted her body, without supporting medical or other material evidence, were insufficient to establish attempted rape.

The bench stated that while the evidence of the prosecutrix inspired confidence regarding the core occurrence of the appellant entering her house at night, extinguishing the lamp, lying upon her and pressing her mouth, the evidence concerning what he did or attempted to do beyond that was neither consistent nor supported by any other material. The court noted that the initial complaint petition alleged the commission of rape, and the investigating officer subsequently filed a chargesheet for attempted rape upon which the trial court framed charges.

Haq has been directed to deposit the Rs 25,000 fine within eight weeks. The entire amount, once recovered, will be disbursed to the woman as compensation. Failure to pay will result in the appellant undergoing six months of simple imprisonment.

Ultimately, while clearing Haq of the attempted rape charge due to a lack of sufficient evidence, the High Court maintained his convictions for house trespass and assault with intent to outrage the woman's modesty, ultimately limiting his punishment to the time already served alongside the financial compensation directive.