The Allahabad High Court has held that forcibly undressing a woman, even without penetration due to her protest, amounts to “attempt to rape” under Section 376 read with Section 511 of the IPC. Justice Rajnish Kumar upheld the conviction of the accused, who kidnapped a 16–18-year-old girl in 2004, kept her confined for 20 days, and attempted to rape her. The Victim stated in her Section 164 CrPC statement that the
accused undressed her and tried to commit sexual acts against her will but stopped due to her resistance. The Court relied on the Supreme Court’s ruling in Pandharinath v. State of Maharashtra and the High Court’s judgment in Israil v. State of UP to affirm that undressing with intent constitutes an attempt to rape.
The bench rejected the Accused’s argument about delay in FIR and false implication due to enmity. The Court confirmed the conviction under Sections 363, 366, 376/511, and 354 IPC and upheld the 10-year jail sentence. The ruling reinforces that sexual assault actions short of penetration still fall under attempt to rape when intent and preparatory acts are proven.
