Kerala High Court: Person Charged with Rape Under Section 376 IPC Can Still be Convicted Under Section 354 IPC

The Kerala High Court has held that an accused charged with rape under Section 376 IPC can still be convicted under Section 354 IPC if the evidence supports outraging a woman’s modesty, even without a specific charge.

Justice M B Snehalatha dismissed a revision plea by a man acquitted of rape but convicted under Section 354.

The Court relied on Section 222 CrPC and precedents to uphold the conviction, stressing that delay in FIR in sexual offence cases must be viewed differently and doesn't automatically weaken the case. (Chandran v State of Kerala)