Chhattisgarh High Court Reduces Sentence, Rules 2004 Dhamtari Case as Attempted Rape

Raipur, Chhattisgarh: The Chhattisgarh High Court has delivered a verdict in a 22-year-old Dhamtari sexual assault case, reducing the sentence of a convict previously found guilty of rape. The court reclassified the offense as attempted rape.

Court’s Ruling on Penetration

Hearing the appeal against the trial court’s verdict, the bench led by Justice Narendra Kumar Vyas stated that if penetration did not occur during the act, the incident should be treated as an attempt to commit rape rather than actual rape.

Medical reports showed that the victim’s hymen was intact, although partial penetration with a fingertip may have occurred. Based on this finding, the High Court reduced the convict’s prison term.

Background of the Case

The case dates back to 2004, when a young woman in Dhamtari district was allegedly attacked. In 2005, the trial court convicted the accused of rape and sentenced him to seven years in prison. The accused spent nearly a year in jail before challenging the verdict in the High Court.

Evidence and Cross-Examination

The High Court noted that during cross-examination, the victim stated that the accused had placed his private part on her body but did not penetrate. The court observed that the prosecution evidence did not conclusively prove full penetration.

The court clarified that indecent assault is often exaggerated in such cases, and here, the act legally constitutes attempted rape due to partial penetration. Accordingly, the convict’s sentence was reduced to three years and six months, and he has been ordered to surrender within two months to serve the remaining term.

Advocates representing the accused were Rahil Arun Kochar and Līkesh Kumar, while State advocate Manish Kashyap represented the victim.