Lying atop woman, sans backing proof, can't be held as rape: Patna high court

The Patna HC has changed Mohammad Ainul Haq's conviction from rape to indecent assault due to lack of supporting evidence for the original allegations

PATNA: Patna HC has reduced a man's rape conviction to indecent assault, ruling that allegations of him entering a woman's hut at night, covering her mouth and mounting her body, without supporting medical or material evidence, were insufficient to establish rape.A single-judge bench of Justice Sandeep Kumar passed the verdict on Oct 8 while partly allowing a criminal appeal by Mohammad Ainul Haq.The judgement became public Tuesday. According to the prosecution, Haq entered the woman's hut around 10pm on Feb 8, 2010, covered her mouth and mounted her "with evil intentions".When he removed his hand, she raised an alarm, drawing 10-15 villagers, including her immediate neighbour, who caught him.During the trial, all witnesses except the woman turned hostile. The prosecution produced no medical evidence, such as bruises or injuries, or material evidence, such as torn or disarranged clothes, to support the allegation.The high court held that even if the woman's testimony was accepted, the evidence established, at best, criminal trespass and assault, not rape.HC accordingly modified a Begusarai trial court's July 29, 2013, verdict convicting Haq of raping a widow and sentencing him to four years in prison and a fine.

However, the court held him guilty of assault on a woman with an intent to outrage her modesty and imposed a fine of Rs 25,000, payable to the woman within three weeks.

Justice Kumar relied on Supreme Court rulings in Aman Kumar vs State of Haryana (2004) and Rupan Deol Bajaj vs KPS Gill (1995).