High Court Issues February 16 Order Reducing Conviction The Chhattisgarh High Court issued an order on February 16, 2026, overturning a 2004 rape conviction of a Dhamtari district resident and sentencing him instead for attempted rape, citing insufficient proof of completed rape [1]. The bench set aside the lower court’s seven‑year rigorous imprisonment under Section 376(1) IPC, along with a ₹200 fine and six months for wrongful confinement [1]. The revised judgment reflects the court’s assessment that the evidentiary threshold for a rape conviction was not met [1].

Medical Evidence Shows Partial Penetration, Intact Hymen forensic doctor testified that the survivor experienced pain, vulvar redness, and white discharge, confirming sexual assault but not full penetration [1]. The medical report noted that the victim’s hymen remained intact and only partial penetration occurred, with no semen emission detected [1]. Based on these findings, the judges concluded that the legal criteria for rape under Section 375 IPC were not satisfied [1].

Survivor’s Testimony Contained Contradictions Leading to Reasonable Doubt The court highlighted inconsistencies in the survivor’s statements, where she alternately described actual penetration and merely the accused’s genitalia being positioned above her vagina [1]. These contradictory accounts created reasonable doubt regarding whether penetration, a requisite element for rape, had occurred [1]. Consequently, the bench deemed the evidence insufficient to uphold the original rape conviction [1].

Bench Cites Supreme Court Precedent While Differentiating Penetration Threshold Referring to State of U.P. v. Babul Nath, the High Court reiterated that any penetration, however slight, can constitute rape [1]. However, the judges distinguished the present case, stating that the available evidence fell short of proving even minimal penetration [1]. This legal reasoning underpinned the decision to downgrade the charge to attempted rape [1].