The Patna High Court partly allowed Mohammad Ainul Haq's criminal appeal. The ruling distinguished proven assault from an unsubstantiated attempted rape charge.
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. It held 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.
"Evidence of the prosecutrix inspires confidence as regards the core of the occurrence, namely, that the appellant entered her house at night, extinguished the lamp, lay upon her and pressed her mouth to stifle her cries. However, on the further question as to what the appellant did, or attempted to do, beyond that, the evidence of the prosecution is neither consistent nor supported by any other material. In the complaint petition, the allegation was of commission of rape," the bench said.
The court noted that the investigating officer had filed a chargesheet for attempted rape and that the trial court had framed charges accordingly.
Haq has been directed to deposit the Rs 25,000 fine within eight weeks. The entire amount, once recovered, will be given to the woman as compensation. If he fails to pay, he will have to undergo six months of simple imprisonment.
While clearing Haq of the attempted rape charge for lack of sufficient evidence, the High Court upheld his convictions for assault with intent to outrage the woman's modesty and house trespass, limiting his sentences to the period already served and ordering compensation for the woman.
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