Delhi HC Upholds Attempt-to-Rape Conviction in 7-Year-Old Assault Case; Says Acts Went Beyond Molestation
The Delhi High Court has upheld the conviction of a man for attempting to rape a seven-year-old girl, ruling that the evidence established far more than a case of simple molestation. The Court observed that the accused had undertaken “almost all that could have been done” to commit the offence, and that his actions clearly crossed the legal threshold for an attempt to commit rape rather than merely outraging the modesty of the child.
The case arose from an assault on the minor child, during which the accused allegedly removed the girl’s clothing, restrained her and made repeated efforts to sexually violate her. Although the act of rape was not completed, the High Court held that criminal liability for attempt does not depend upon the completion of penetration. What matters is whether the accused had the clear intention to commit rape and had performed overt acts directly aimed at accomplishing that objective.
Rejecting the defence’s plea that the incident amounted only to molestation, the Court emphasized that the sequence of events demonstrated a deliberate and sustained attempt to commit rape. The Bench noted that the removal of the child’s lower garments, coupled with the accused’s conduct immediately thereafter, reflected an unmistakable criminal intention. In such circumstances, reducing the offence to one of molestation would ignore the seriousness of the acts actually committed.
The High Court also reaffirmed that in sexual offences involving young children, courts are required to evaluate the entire chain of conduct instead of isolating individual acts. The judgment observed that where an accused has moved beyond preparation and has entered the stage of execution of the crime, the law treats the conduct as an attempt, even if the intended offence remains incomplete because of interruption or other circumstances.
While affirming the conviction, the Court found no reason to interfere with the trial court’s appreciation of evidence. It held that the testimony of the child victim, supported by surrounding circumstances and other evidence on record, was reliable and sufficient to sustain the conviction. The Court reiterated that the testimony of a child witness, if found credible and trustworthy, does not require unnecessary corroboration merely because of the victim’s age.
The judgment carries significance for the interpretation of sexual offences against children under Indian criminal law. It reinforces the principle that courts will examine the intention of the accused together with the nature of the acts performed, rather than insisting upon the completion of penetration before holding an accused guilty of attempted rape. The ruling is expected to serve as an important precedent in distinguishing between offences of molestation and attempted rape in cases involving child victims.
The decision also reflects the judiciary’s continuing emphasis on providing robust legal protection to children under the Protection of Children from Sexual Offences (POCSO) framework and related criminal provisions. By refusing to dilute the conviction, the Delhi High Court underscored that the law must respond firmly where the evidence demonstrates a determined attempt to commit one of the gravest offences against a child, irrespective of whether the intended crime was ultimately completed.
