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10. An attempt to commit an offence is an act, or a series of acts, which leads inevitably to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent this. An attempt may be described to be an act done in part-

execution of a criminal design, amounting to more than mere preparation, but falling short of actual consummation, and, possessing, except for failure to consummate, all the elements of the substantive crime. In other words, an attempt consists in it the intent to commit a crime, falling short of, its actual commission or consummation/completion. It may consequently be defined as that which if not prevented would have resulted in the full consummation of the act attempted. The illustrations given in Section 511 clearly show the legislative intention to make a difference between the cases of a mere preparation and an attempt.

11. The evidence would clearly demonstrate that the appellant might have intentions to commit the offence and was initiating the preparations, but the same did not culminate into an attempt to commit rape. As the evidence suggests, even the prosecutrix had not undressed. It is not a case where the preparation was so advanced that it got converted into an attempt but falling short of actual consummation.

12. In the considered opinion of this Court, it is not a case of attempt to commit rape.