Bombay High Court Convicts Man for Attempt to Rape Despite Medical Evidence of Partial Penetration

The Bombay High Court has convicted a man for attempt to rape in a case where medical evidence indicated partial penetration, observing that the charge of rape had not been conclusively established beyond reasonable doubt.

Rape Despite Medical:The case came up before the High Court in appeal against a trial court verdict. During the proceedings, the court examined medical testimony from the attending doctor, who had stated that there was evidence suggestive of partial penetration during the alleged sexual assault.

However, after analysing the medical report, witness statements, and other material on record, the High Court held that while there was clear evidence of sexual assault and an attempt to commit rape, the prosecution had not conclusively proved the offence of rape as defined under law.

The court noted that in criminal cases, the charge must be proved beyond reasonable doubt. While the presence of injuries and medical findings pointed to an attempt, the evidence fell short of establishing full penetration required to sustain a conviction for rape under the relevant provisions.

Accordingly, the High Court altered the conviction to attempt to rape, maintaining that the accused’s actions demonstrated clear intent and preparation to commit the offence. The court emphasised that even an unsuccessful attempt to commit rape is a grave crime and warrants strict punishment.

Legal experts say the ruling underscores the distinction courts draw between completed offences and attempts, based on the degree of proof available. The judgment also reiterates that medical evidence, while crucial, must be read alongside other evidence to determine the appropriate charge.

The accused will now undergo sentencing as per the provisions applicable to attempt to rape, as directed by the High Court.