Search Results Page
Search Results
1 - 10 of 11 (0.38 seconds)Section 354 in The Indian Penal Code, 1860 [Entire Act]
Section 511 in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Aman Kumar And Anr vs State Of Haryana on 10 February, 2004
However, Biharilal
was the first person to have learnt of the offence from the
prosecutrix and he has completely corroborated her version. By this
consistent evidence what is proved beyond reasonable doubt is the
offence under Section 354 of IPC. However, the question of attempt to
rape is not proved beyond reasonable doubt. On the question of attempt
to rape, learned counsel appearing for the respondent has sought to
rely on two precedents being Aman Kumar and Anr. Vs. State of Haryana,
(2004) 4 SCC 379, and Tarkeshwar Sahu Vs. State of Bihar (now
Jharkhand), (2006) 8 SCC 560. In both the cited judgments it is held
that for the act to constitute offence of rape penetration is pre-
requisite (this is the pre 2013 Criminal Amendment position of law)
and therefore for the offence of attempt to rape the accused must have
so advanced in his actions that it would have resulted into rape had
some extraneous factors not intervened. It is held in Aman Kumar’s
case that in order to come to the conclusion that attempt to rape is
committed it should be shown that the accused was determined to have
sexual connection (penetration) with the prosecutrix at all events
inspite of all resistance. In the present case the accused fled away
on when the PW3 came to the place of incident due to shouting of the
prosecutrix. This shows he wasn’t determined to have sexual connection
with the prosecutrix despite all resistance and odds. Also it would be
relevant to note that there are inconsistencies in the statement of
the prosecutrix wherein she states that she had suffered injuries on
her breast but same is not corroborated by the medical evidence. Also,
Saroj, who is an important eye witness, is not produced as a witness.
In this view of the matter, we find it difficult to hold that offence
of attempt to rape is proved to a sufficient measure.
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Ajahar Ali vs State Of West Bengal on 4 October, 2013
In Azhar Ali Vs. State of
West Bengal, (2013) 10 SCC 31, this Court while dealing with the
question of applicability of 1958 Act to an offence under Section 354
of IPC, found as follows:
The State Of Himachal Pradesh & Others ... vs Yash Pal Garg (Dead) By Lrs & Others Etc on 30 April, 2003
In State of Himachal Pradesh Vs. Dharam Pal, (2004) 9 SCC 681, this
Court was dealing with probation of offenders in case of offence of
attempt to commit rape. The finding of this Court in the said judgment
is relevant for all the offences against the women, which is as
follows: