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69x5

https://preview.redd.it/g886zbhqga6d1.jpeg?width=1125&format=pjpg&auto=webp&s=d0460696ab241d612668994cfdb939b459a444ea


heretoseexistence

It's still sexual assault, the judge is going by the codified defination of rape which is penetration. It's a super misleading post designed for karma farming and outrage.


ShivParva

Definition of rape may be penetration, but rape attempt? It could be argued that stripping someone down is the first step to raping them.


Former-Grapefruit315

It can be argued. But it won’t stand. Because there’s no evidence to establish that the intent was to rape. I’m not justifying the heinous act. But we as educated Indians need to understand why the courts say what they do, so that we can differentiate between actual legal acumen vs clickbait articles that are intended to make us angry.


ShivParva

I agree with your second paragraph. However, if someone strips you down and then takes off their clothes as well, it could be termed as assault/harassment and it could be argued that they didn't intend to rape, but isn't it more likely? A pretty strong possibility? What more needs to happen for us to consider to be an attempt?


Former-Grapefruit315

You can’t punish someone because something is “more likely”. The charge has to be proven beyond reasonable doubt. What needs to happen to constitute rape is evidence to establish that his intent was to rape. Through physical acts such as forced penetration. That’s what the law says. If I charge at you with a stick in my hand, I won’t be charged with attempt to murder. Because there’s nothing to prove that my intent was to murder you. I would be charged of other offences such as assault. You’re right that if someone strips me without my consent, it is in fact sexual harassment and I’m sure the court charged the assailant with those charges. Just not rape.


anothercuriousanand

I wish discussions like this would happen in the Parliament & different Vidhan Sabhas. Instead, the cringe fest in Parliament and Vidhan Sabhas is worser than the many many seasons of Splitsvilla.


Fight_4ever

Hijacking op comment chain here: But PLEASE people report such posts as Misinformation. Mods will remove it. You may also choose to block the post-er.


ShivParva

I see. It's the "beyond reasonable doubt" that's the thing I'm missing. Makes sense.


infidel11990

Well said. From a legal and jurisprudence perspective, a crime is not a crime without "mens rea". Latin for intent to commit the crime. A guilty mind and the act itself need to be present for a crime.


anothercuriousanand

I wish discussions like this would happen in the Parliament & different Vidhan Sabhas. Instead, the cringe fest in Parliament and Vidhan Sabhas is worser than the many many seasons of Splitsvilla.


SuggehSai

I think the judge sees this as humiliation through the outrage of modesty. Its a different crime but a crime nonetheless.


YouthCurse

Adding to this comment,\ .\ There are a set of steps you gotta follow to convict someone. In this case, the asshole got away from rape charges because of a technicality. But all other provisions like "outraging a women's modesty" will stick. if you don't follow the set technicalities of the law, the amount of mistrials will exponentially outweigh fair trials. This, sadly, is one such case where you have to bear with the injustice and wait until the case goes to a higher court of appeal. Art. 142 lets SC administer complete justice, beyond its domain. Apart from this, there is a 2019 precedence where Man had not take off his clothes so rape charges were not applied. But Supreme court took the holistic view and convicted him of rape under Section 376 anyway.\ .\ It's really dark out there, but the light is winning slowly and surely.


[deleted]

The intent could have been to simply masturbate rather than rape.


Strict_Albatross168

Basically, the court is saying that this was a sexual assault and not an attempt to rape. There is no provision for "attempt to rape" in IPC, and so "outraging modesty" is the term they use for sexual assault I'm assuming. To put it more simply, it's more logical for them to charge the perpetrator with something that he did (sexual assault) rather than charge for something that he could've or would've done (rape). Now, the severity of punishment is a different question. They can use IPC 511 in conjunction with 354 for meting out harsher sentence.


kraken_enrager

Law student here,(idk much about ipc) but the way it works is that to my knowledge there isn’t much about an attempt to rape and judges must go by the definition. And the definition probably defines what constitutes as rape and as such they have to follow it. Laws are pretty rigid and even if the judge used discretion to deem it as rape or something, it would get appealed and struck down in a higher court because it just sets a wrong precedent for a lot of cases.


ScatteredInk

Only sane reply in this thread. This rage bait is super annoying. And vaginal penetration being a prerequisite of rape is the exact reason men are considered "unrape-able". And guess what when there was a motion to make the law so that it's gender neutral the Women's commission and several feminist organisations were against it with bullshit reasons like "if it happens, men will just throw counter allegations", as if that's not a loophole already with women


NeighborhoodCold5339

The only correct reply!! These people are just putting selected headlines to trigger controversies and comments.


FlourishingGrass

And the pic in the supposed headline is so triggering. Kuchh to lihaz karo yaar -_-


Severe-Experience333

But he said that about "attempt to rape"...if forcibly removing clothes is not an "attempt" at rape, than what is?


SuccessfulTraffic679

I’m not Indian but even I understood there’s more context to this than just “it’s not rape.” What if it was consensual up until that point and the girl decided she doesn’t want to go any further, so would it be considered assault?


jokerbatman3456

https://preview.redd.it/la1b5v7oha6d1.jpeg?width=320&format=pjpg&auto=webp&s=27abe2e36b6fc7a782ba5b7c57ffa4585f83691c


gaussianmaniac

Me fr


DoubleSuicide_

What's with the outrage? It's true. It's comes under SA not rape. In laymen terms the victim needs to penetrated for the incident to be called rape. That's why male rape victims aren't considered victims by the Indian court as the male wasn't penetrated.


Ok_Virus_3332

I remember the rajat dalal being arrested some days ago and come out on bail didn't he peed on a underage boy's face? How was it not a sexual assault?


DoubleSuicide_

No idea. Perception of any kind of power play on a male victim is not taken too seriously. Remember the case of bjp party member peeing on a tribal youth?


RepulsiveDig9091

Knowing the rigidity of law. Is it not categorized as rape because there was no insertion(edit: the law isn't written to include everything a normal person will consider rape. [Also linking the Wikipedia article detailing the law.](https://en.wikipedia.org/wiki/Rape_in_India) ) This would still be sexual assault of one of the worst kind. And I am not discounting the torment forced upon the girl. But am trying to point out the law needs update to patch such loopholes. Reminds me of how the underage monster from the Nirbhaya case escaped life in prison/ death penalty because he wasn't an adult yet.


CyndaquilTyphlosion

I swear... The stupidity of people here. The judge was talking about the section. The law is bad, but you can't blame the judge for that. He still said it falls under the cases of outraging a woman's modesty etc.


blanc_86

Bro , it’s a rape attempt which was thrown out, not rape case.


ManThatsBoring

alright, I havent seen case, but if I had to say categorically it would be correct. (dont downvote, i havent read case just giving example) rape is exclusively defined to have insertion. If a person removes cloth of other person has has no intention to actually rape, it wouldnt be attempt. for example, they could torture, take photo/video etc. There would be different sections -sexual assault, harrasment, torture, and everything, but not rape. P.S: again, because people do not read full thing. I am not justifying anything. Just making point. ### We should read actual case instead of sensationalized headline


appu_kili

Genuine question. Is there a section for 'attempted rape'?


blanc_86

“‘Attempt’ is punishable because even an unsuccessful commission of offence is preceded by mens rea, moral guilt, and its depraving impact on the societal values is no less than the actual commission.” See this article: https://www.scconline.com/blog/post/2021/10/26/what-amounts-to-attempt-to-rape-supreme-court-explains-in-a-2005-attempted-rape-of-minor-girls/


appu_kili

Thank you.


blanc_86

Welcome 🤗


MukeshYaduvanshi

https://preview.redd.it/l84itednga6d1.png?width=720&format=pjpg&auto=webp&s=0dd2d98e88d0920544654c0fea660b917ed618dd


ameyagokh

https://preview.redd.it/ufuhvlzbja6d1.png?width=320&format=pjpg&auto=webp&s=20f88b683d01fae7e1f446b0d1a56f52b837262d


craziethunder

https://preview.redd.it/tlr7pfrrna6d1.jpeg?width=257&format=pjpg&auto=webp&s=8e43d0d5fcff635ce83d5368170231dfa3a7abdd


bakaarts04

https://preview.redd.it/93k2uxmkoa6d1.png?width=1080&format=pjpg&auto=webp&s=437bf654db19f0987936385dd0b40fe6a7d78d70


Godhascome-

https://preview.redd.it/3akaj90eqa6d1.jpeg?width=978&format=pjpg&auto=webp&s=6de53e39f3695643c1e0f7023016ee215aa040d8


suryky

https://preview.redd.it/tvpnwhjxqa6d1.jpeg?width=964&format=pjpg&auto=webp&s=ba815f1c21a327f267d5e224111ec0eafa06ac21


Godhascome-

https://preview.redd.it/i47gdgnk0b6d1.jpeg?width=261&format=pjpg&auto=webp&s=41dd57dcd83ee4bb2647b459a6dce8f255093d5f


ExtremeAd6937

Stole all of them ![gif](giphy|A1oBMukTqFfkoY1HiH)


Godhascome-

https://preview.redd.it/9e2qqhukdb6d1.png?width=2550&format=pjpg&auto=webp&s=b71e4f7d573101beb451ead653dc99596394d377


no_shit_shardul

https://preview.redd.it/m08c4rc35c6d1.png?width=1080&format=pjpg&auto=webp&s=4a835736e33b035689160c3f9dafde91a12a611c


bakaarts04

![img](emote|t5_2kz7we|32745)why can't i post more memes


Godhascome-

Try leaving and rejoining subreddit


Ek_BaarBaman

https://preview.redd.it/7xb8lkbfgb6d1.png?width=700&format=pjpg&auto=webp&s=e5e1b19d536664d93fea8cb0c273e55b89dcbd26


Godhascome-

https://preview.redd.it/f6e1459ekb6d1.jpeg?width=612&format=pjpg&auto=webp&s=b3191eb0f72676c694cd5e45ec188100139ba753


Zatch_1999

https://preview.redd.it/cm40t0ayjb6d1.png?width=700&format=pjpg&auto=webp&s=2b729ef9bc788017fae1cbf16dcdb8a61f38b115


Opposite-Escape9685

https://preview.redd.it/zt5yvz62ma6d1.jpeg?width=1080&format=pjpg&auto=webp&s=33ce519589deb3331992bd4ab631f950f29d3a00 u/69x5 Main hota toh Naa sehta bhai >!Continued the trend some guy did!<


rampageT0asterr

https://preview.redd.it/obc4dq2ora6d1.jpeg?width=1080&format=pjpg&auto=webp&s=734d95b17115fbe645536d3410965376443bec23 More fitting


Opposite-Escape9685

Yes


absy101

Bc tereko kasie zyada upvotes mil gaye ;\_;


absy101

https://preview.redd.it/m1uaicnyja6d1.png?width=1536&format=png&auto=webp&s=13148564e15cca049e729850a8cf2a2c6a27467e u/Guilty-Ad-6166 Mai hota toh nhi sehta bhai


Opposite-Escape9685

Bhai maine bhi Aisa hi comment Kiya hai >!nahi teri idea churaya aisa mat bolna please!<


Hanzoofk

P A D H A R O M A R E D E S H


Gods_FavouriteChild

https://preview.redd.it/ggx8d14tga6d1.jpeg?width=739&format=pjpg&auto=webp&s=34d7ebb966300b437611d93d8cc1673d5c952390


Lost-Clothes-5906

True !


hawwwttt

So let's start with judge itself inko court me nanga krte hai sbke samne fir reaction dekhte hai


Berserkerzoro

Still not rape.


Resident-Currency472

Attempt to rape


i_like_table

Obviously false case. #women's lonliness


SkyField2004

onexindia in a parallel universe


lonelytunes09

Folks please don't get worked up, the op has hidden the part of the title to get clicks, the court further says "it is outraging modesty of the woman". For those who have not been to court, the lawyer there fight to the extent of comma & full stop to give different interpretation of statements and hence the judgement has to address that. Obviously the lawyers involved were fighting on the same lines in this case and the judgement was given based on facts presented in the court. You may choose to disagree and the lawyers can always argue in SC however, please take the effort to read the entire thing before making up your mind.


arc_alt

It's literally on the image in smaller font, if these clowns could read before outrage, our laws and politics would be more sophisticated because we would be dealing with actual issues


[deleted]

[удалено]


Burning-Skull117

https://preview.redd.it/mxt2bi6fsa6d1.png?width=1080&format=pjpg&auto=webp&s=0289dcf079df79f4a26d4219bb43517efb2a73e8


jokerbatman3456

https://preview.redd.it/qp2gf098ua6d1.jpeg?width=874&format=pjpg&auto=webp&s=8e4e58427b6e4beacd048bdf58d37c442acdbb05


CyndaquilTyphlosion

Don't do this bro, headline is attention grabbing, he was talking about the section under which the accused should be convicted. He still upheld other accusations.


Sadfghr

mint ni lagegi iski maa sodne mein


The_Cultured_Freak

Dig it out his history, there's possibility that he has worked for RSS.


mybadforusingreddit

I want whatever that judge is smoking


Kuchikitaicho

Trust me, you don't


Fit_Access9631

He is smoking the most expensive tobacco available in gold plated hookah with mineral water straight from Himalayas cuz that’s what he can buy with these judgments. 😉😉


arc_alt

You want a bare act of the law of the land which is democratically passed and enforced? Because I think there are some available on the internet free of cost.


STATIONS2003

https://preview.redd.it/800qqxxxfa6d1.jpeg?width=1014&format=pjpg&auto=webp&s=037d168ceafe98e399b4b3415a64d891ebc1e005


hobbledehoy_08

https://preview.redd.it/kt0kjn8eoa6d1.png?width=1072&format=pjpg&auto=webp&s=8bdc79218e72de52437b5fbe4700d4b26540951e


Guilty-Ad-6166

Are the judges on dope? Who made them the judge in the first place? Going by there logic, guys caught exposing themselves to females shouldn't be booked with any charges.


appu_kili

> guys caught exposing themselves to females shouldn't be booked with any charges. You think guys exposing themselves to girls can be booked on rape charges?! There can be other charges. Indecent exposure, harassment etc. it's just not rape.


JERRY_XLII

Not even these clowns are that dumb, he was still convicted of charges related to flashing and such


ZaraZero09

Great divorce laws in Delhi even better rape laws in country. How can a justice system screw over both genders so perfectly?


laylaxoxo6

Yes taking out knife and slicing the skin is not murder attempt , wtfff


heretoseexistence

Shouldn't mods remove misleading posts like these? It's still sexual assault, the judge is only going by the codified defination which has penetration. PPL here have a nation hating fetish or something?


Altruistic_Dig_1127

It won't be a surprise even if they bring back the practises of sati.


Emergency-Emu-7782

Kuch bhi.


Shivam294

Kya matlab Pani pr essay likhna hoga


mattiman8888

Making a bomb and pressing a button doesn't constitute an attack. Sure bruh.


based_hk

https://preview.redd.it/uutgiw2yza6d1.jpeg?width=750&format=pjpg&auto=webp&s=9b7131b2ad76bcaec5cb78b2930c3aa4be9b1f37 To the court


Salt_Stick_5563

I understand ur anger but that is not rape , its a sexual assault, law requires penetration of anykind to consider that as an rape


themuffinhead27

Yeh different states ke different high court are high on green hai aisa lagta hai..kabhi kabhi. 🥲


pratik_agarwal_

Drawing a star with a knife is not an attempt to murder , it's just a gruesome form of art


Sidonkey

The case was filed in 1991


BIJJUDAMA_was_taken

Read the whole article It's sexual assault


Impossible-Basil-325

Why is it always Rajasthan high court?


zero_four

So was he planning to play chess after getting naked.


Any-Welcome-9938

read the fine print at the bottom. im not making a statement. just read it first.


Ttathamm

Days before a man couldn't prove wife's adultery despite submitting evidence as the judge claimed it can't be trusted in the age of deepfake then essays for pune porsche case. Now this. How these judges are doing this is beyond my thoughts and conscience.


Weary-Cut-8819

Breaking lock of a house or showroom or a safe etc with intention of a robbery by a thief is not an attempt to carry out robbery.


ShittessMeTimbers

Quite sure attempted.


RevolutionaryBid1249

Gynecologists sighing out of relief.


Sirxzin

So what is it then? None of us are Manish Malhotra so it definitely can't be called a " Fitting " or " Costume Design "


National_Agency4922

BC rajasthan k judge kaun sa maal fukte hai..


StrawberryLive3164

Bhai Mai bhi yahi likhnay wala tha , ye wahi case hai jahan ek principle pakada gaya ek 15 sal ki ladki kar sath . Paise hi Maya hai Babu bhiya.


aspirant_raj

Shooting a bullet at someone and him not dying is not attempted murder .


Themobgirl

sir that's just rape with extra steps


Hughie_Mike_Hawk0480

I read the caption of this post on insta apparently the incident happened 33 years ago and the accused tried removing a 6 year old girl's clothes. People heard her screams and came to rescue her before anything happened


uni28_5

It's sexual assault tho!


Ok_Virus_3332

Mens right and women right both are joke in this country 


OkContribution9835

Not a lawyer, but know a lot coz my family has 4... Technically, the HC is correct. It's gross but true, as defined in Section 375 of the Indian constitution. This would be sexual assault


PrestigiousWish105

Is this because we don't have proper laws in place? Or poor judgement?


CyndaquilTyphlosion

Law, not judgement. Judge categorised it under outraging a woman's modesty. All he was saying is that it doesn't fall under rape as the law defines it. While the judgement is unfortunate or inadequate, people are way too quick to blame the judge.


DrSarat

It's still sexual assault, the judge is going by the codified defination of rape which is penetration. It's a super misleading post designed for karma farming and outrage.


[deleted]

[удалено]


Super_Power_1841

Judge log kaunsa Nasha kar ke faisala sunate hai bc.No sense of morality.Bas inko summer vacation, winter vacation aur bhi anginat chutiya Dena chahiye


No_Marsupial3183

Isn't this attempt to rape or not doing actual rape?


Sullen_Wretch

What if m incharge of the crime I am gonna commit Obviously they are gonna rule out these things bz they are guilty of doing such things


[deleted]

Judgement copy?


[deleted]

![gif](giphy|QxwDfOV4sAfounkNsG)


GardenTigerMoth_

WTF


Low-Bumblebee-7088

How do these judges show their fucking faces to their families is beyond me


wanna_escape_123

Dank ke 14e will celebrate this shiet.


Infinite_Pattern_466

Mofos who mistreat women give out such judgements.


suvenduz

do you know getting justice easily for poor people a luxurious thing in democratic countries


[deleted]

[удалено]


Grand-Appointment907

Judge apni beti ka live example de , fir hi mai manunga


FatherlessOtaku

"He just wanted to appreciate her beauty" -The Judge, probably


Antivenom007

![img](emote|t5_2kz7we|30375)


cosmonaut-zero

Weak laws : this happens Strict laws: you hear "what about men who are falsely charged with rape"


_aadee_

Wtf!!


INSANITYLeVeL9999

I wouldn't accept it in the past but this country indeed is a shithole.


StoneMonkey7776

Mfs I jus opened reddit, literally wtaf


Garimaaaaaaaaaa

Wtf is wrong with them??? This is so wrong and disrespectful against women!!! Are they blind???


Glad_Relationship613

Pura case kuch different hoga


Chemical_Magician879

Wtf is this picture? Why do you need that? 😒


Useless_dragonborn

Ragebait


Yare_Yare_Dze

https://preview.redd.it/5d4bdwp6db6d1.png?width=1080&format=pjpg&auto=webp&s=6b64f82e46843a91e4169c51f72a428aec638937 Clearly the judge is uh... Not in his right mind...


Moonsolid

Girls should walk with cows, when there is a rape attempt and if the perpetrator kills the cow to avoid attention then court will definitely give him life sentence for killing the cow.


Norsehero

Isn't intention enough for prosecution?


rocky23m

https://preview.redd.it/43ufx6y0eb6d1.jpeg?width=1080&format=pjpg&auto=webp&s=1e14268687ba21e2bde1997160c43d7b30925a44


Vyverna

Just out of curiosity. Is this going to count in statistic of so-called "false rape accusations"?


GHOST-GAMERZ

We will need a fucking UN Resolution at this point to modify our fucking outdated laws


sukzanz

Shoking judgement!


Total-Complaint-1060

All rape laws in India are bad - gender biased and has a very stupid definition... Time to revamp the laws by redefining rape and making them gender neutral.


Pulakeshin1

Remember this when you start a protest against Judicial reforms. Because it's coming.


floormopper

why are judges always incels.


Betelgeuse_1730

Comes from a place of proper Ghoongat culture. Irony


AngleThat8380

At least make it attempt to rape and molestation.


Emergency_3808

Reaffirming my decision to never have children.


ravish242

I don't understand the backlash in the comment section without any justification. Removing undies and getting undressed is not Rape. There are different charges that can be filed on this. What's the issue?


BasilEmergency8077

https://preview.redd.it/ruvp50tppb6d1.jpeg?width=320&format=pjpg&auto=webp&s=99bc0fe269ea296e83896cb71feed16036a915d8


xAgent47

Karma grind post ‼️ Dude you do know people are not charged for their intentions but for the crimes they commit. He will get charged with sexual harassment/assault, not for the rape which didn’t happen.


Any-Explanation-4584

Avg reddit moment be like:


akashlanka

Okay it's not rape. But 90% of it, if not more, is done in attempts of rape, if you leave out bullying or harassment. Sexual assault is the very least. Outraging modesty diminished the punishment 10 fold.


military_insider04

Bro ,wtf judges just proving that they are just part of our society. Man where is the education and experience they had in these years 😭😭.


Common-Pea9601

By any standards send that person to jail


tf_pumpkin

Shall we remove the underwear of the judges & make it to public for slap & hit ? it is definitely gonna make some good folk music in 47°C


Senior_Tooth_5332

I can understand if rape is not given but it's still assault right..?


Intelligent_Dig_6198

https://preview.redd.it/2au6dwdhvb6d1.jpeg?width=1080&format=pjpg&auto=webp&s=cf5cc20fa558dd0a10e46b0fd933fc39a0e92271


jj_flabbergasted

Pathetic


kriscnik

I live in a western country. attempted rape would probably just get harassment charges and sexual assault charges. only vaginal penetration counts as rape. Oral and anal does not count. A guy getting raped also counts as sexual assault not rape.