Where, during the stage when an offence of committing rape or attempt ... commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been
point of time stood charged for the offence of "attempt to commit rape" under Section 376 / 511 I.P.C. of the prosecutrix ... believe the same, the offence committed cannot but he held to be one of attempt to commit rape. The prosecutrix's evidence clearly establishes
witnesses, he ran away. The accused was, therefore, prosecuted for attempt to commit rape. The trial Court convicted the accused. The High Court, however, found ... appellant/accused, who was strong man in his twenties, had attempted to commit rape on her, then the prosecutrix normally would be expected to receive
between ‘attempt’ to commit an offence or mere ‘preparation’ thereof
and erringly convicted the respondent for the offence of ‘attempt’ to
commit rape. He passionately ... commit the offence. An
attempt is possible even when the accused is unsuccessful
in committing the principal offence. Similarly, if the attempt
to commit
point of time
stood charged for the offence of "attempt to commit rape"
under Section 376 / 511 I.P.C. of the prosecutrix ... believe the same, the offence committed cannot but be held
to be one of attempt to commit rape. The prosecutrix's
evidence clearly establishes
room out of whom five miscreants committed forcible sexual act with PW-2, two persons attempted to commit rape on PW-4, two other persons ... mere preparation and an attempt.
In order to find an accused guilty of an attempt with intent to commit a rape, Court
charge under
Sections 376 / 511 of the Indian Penal Code for committing rape/attempt to
commit rape on Tannita @ Riya on various dates till ... prepared to commit the offence by taking off her
panty and failed to commit the offence and, therefore, an attempt to commit the
offence
must be
held that the offence committed by the
accused did not amount to attempt to commit
rape punishable under Section 376 read with
Section ... that he crossed the line
between preparation and attempt to say that he
attempted to commit rape on the prosecutrix. Thus, I
hold that
accused can be convicted for the offence of an attempt to commit rape because rape was not completed as there was no penetration ... only an attempt to commit rape after kidnapping X.
15. What is 'rape' and what is an 'attempt to commit rape
rape by medical
practitioner.- (1) When a person is arrested on a charge of
committing an offence of rape or an attempt to commit rape ... examination of the victim of rape.- (1)
Where, during the stage when an offence of committing rape or
attempt to commit rape is under investigation
