No separate charge needed for 'attempt to rape' conviction, rules SC

If rape is not proved, the accused can still be convicted for "attempt to rape" as there
is no requirement under the law that a separate charge be framed against them, the Supreme Court ruled today.

If a chargesheet is filed against an accused merely under Section 376 IPC (rape), but the evidence on record suggests that there was only an attempt to rape, the accused can still be convicted for the lesser offence of attempt to commit the crime, even though no charge was framed on the said count, the apex court said.

"So, if it appears to the court that Section 376 IPC is not applicable but a lesser offence under 376 read with 511 IPC (attempt to commit a crime) is made out, the court is not
prevented from taking recourse to and punishing the accused for the commission of the lesser offence.

"The attempt to commit rape is a lesser offence than that of rape and there is no bar of converting the act of the accused from Section 376 to Section 511, " a bench of justices
Mukundakam Sharma and BS Chauhan said in a judgment.

The bench passed the ruling while dismissing an appeal filed by Pandarinath, challenging a Bombay High Court decision which altered his conviction under Section 376 (rape) to 511 (attempt), even though no separate charge was framed against him under the Section 511.