In a recent ruling, the High Court of Jammu & Kashmir and Ladakh at Srinagar modified a rape conviction, reducing the sentence from ten years to five years. The court found that while the medical evidence did not support the charge of actual penetration, the accused had made a clear attempt to commit the offence.
Background of the Case
The case dates back to July 2016, when an FIR was registered at Police Station Qalamabad against Showkat Ahmad Seer. The prosecution alleged that while the victim's father, an army porter, was away on duty, the appellant took the young victim to a nearby forest area and sexually assaulted her.
The trial court had convicted Showkat under Section 376 of the Ranbir Penal Code (RPC) and sentenced him to ten years of rigorous imprisonment. Challenging this conviction, the appellant’s counsel argued that the prosecution's story was built on contradictions and that the medical evidence completely ruled out the possibility of sexual intercourse.
During the hearing, Justice Sanjay Parihar carefully examined the medical reports. The medical officer had clearly stated that the victim’s hymen was intact, and the physical examination did not indicate any penetration. The doctor explicitly opined that there was no clinical evidence of coitus.
Furthermore, the victim claimed she was dragged by the appellant from the fields to the forest. However, the medical expert found no injuries on her body to support the claim of dragging.
The court also noted severe inconsistencies in the testimony of the victim's mother, who claimed to be an eyewitness. The bench observed,
“The claim of PW-3 that she had witnessed the appellant lying over the victim does not inspire confidence.”
The court noted she had initially stated she went to the market to buy medicine at the time of the incident, making her presence at the crime scene highly improbable.
Despite these discrepancies, the court did not entirely absolve the appellant. The medical examination did reveal a laceration on the victim's perineum the area between the genital and anal regions. The victim had also testified that the appellant disrobed, tore her clothes, and ejaculated.
Justice Parihar noted that while actual penetration was not proven, the appellant's actions clearly demonstrated his intent. The court referred to a Supreme Court precedent, noting that if an accused disrobes a victim and forces himself upon her without actual penetration, it constitutes an attempt to commit rape, not merely a lesser assault.
“The evidence on record, though insufficient to establish the commission of rape beyond reasonable doubt, unmistakably demonstrates that the appellant had made a determined attempt to commit the offence,” the bench observed.
Consequently, the High Court altered the conviction from Section 376 RPC (rape) to Section 376 read with Section 511 RPC (attempt to commit rape).
Taking into account the appellant's young age at the time of the incident and the time already spent in custody, the court reduced his sentence to five years of imprisonment.
He was also ordered to pay a fine of Rs. 10,000, failing which he would undergo an additional three months of simple imprisonment.
Case Details:
Case Title: Showkat Ahmad Seer v. UT of J&K through Police Station Qalamabad
Case Number: CrlA(S) No. 02/2024
Judge: Hon’ble Mr. Justice Sanjay Parihar
Decision Date: 16.06.2026
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