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Documents citing Nanak Chand, Inspector Cooperative ... vs The State Of Haryana on 8 November, 1996

Harbans Singh vs State Of Haryana on 29 September, 2010

Having given my thoughtful consideration to the respective contentions of the counsel for the parties and having gone through the record, it is reiterated that the accused had taken the prosecutrix after the school hours in an isolated room, got removed her clothes and kissed her. Therefore, the accused may be having any intention in his mind for commission of rape, but the fact remains the act of the accused remained upto the stage of preparation and the element of attempt is lacking. An effort to make penetration of penis in the private parts of a girl is essential requirement for bring the crime within the ambit of Section 376 IPC. There is nothing in evidence if the accused even took his organ near the private part of the prosecutrix. Thus, the gravity of the offence is diminished when no such attempt is made. There is no evidence on the record that the accused had closed the doors and the medical evidence is also missing in order to establish if the accused was fit to intercourse. In CRA No.142-SB of 2008(O&M) [6] the absence of such evidence, at the most, it would amount to an assault to womanhood, therefore, the offence would fall only under Section 354 IPC. If any damage had been caused to the vagina, much less, there would have been evidence that the accused took his private part near her private part, then he could be convicted for attempt to commit rape. Similar observations were made in Nanak Chand vs. State of Haryana, 2006(1) RCR (Crl.) 14, wherein, it was observed that in the circumstances when the accused undressed himself as also the prosecutrix and then laid naked on her. However, then he fled away from the scene on seeing the mother of the prosecutrix coming, the accused could be held guilty for the offence under Sections 354 and 342 IPC and it did not amount to attempt to rape.
Punjab-Haryana High Court Cites 8 - Cited by 0 - A N Jindal - Full Document

Gian Singh vs State Of Punjab on 4 January, 2011

As regards the first argument it cannot be denied that the evidence appearing against all the persons is identical and either they are all liable for conviction or they are all entitled to acquittal. Thus, no fault can be found with the reasoning of the learned Appellate Court. As regards the second argument learned counsel has relied upon a decision of this Court in Nanak Chand v. State of Haryana 2000(1) AICLR 242 wherein it was held as follows:-
Punjab-Haryana High Court Cites 4 - Cited by 0 - Full Document
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