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The Case Of The Prosecution In Brief Is ... vs . on 5 September, 2011 cites

Amarjeet Singh vs State Of Maharashtra on 4 October, 2001

Ld. Counsel has further relied upon a judgment of the Hon'ble High Court of Delhi titled Amarjeet Singh Vs. State reported as 1996 JCC 301 wherein the Hon'ble High Court has held that accused toed her salwar to which she resisted and on her alarm, her brother came in and after some scuffle with her brother, the accused ran away and that the prosecutrix nowhere stated that the accused removed her clothes or attempted rape or she nowhere stated that accused had removed his trousers and thus, it was a case u/s 354 IPC and not of attempt to rape and Ld. Defence Counsel again relied upon a judgment of the Hon'ble Supreme Court titled Tarkeshwar Sahu Vs. State of Bihar reported as 2006 (3) JCC 1735 wherein it was again held in the given circumstances that the appellant had neither undressed himself nor asked the prosecutrix to undress and as such, there was no question of penetration and thus, SC No.251/10 Page 19/27 the case falls under the category of outraging the modesty of the female and not one under attempt to rape.
Supreme Court of India Cites 1 - Cited by 10 - Full Document

Tarkeshwar Sahu vs State Of Bihar (Now Jharkhand) on 29 September, 2006

24. I am in complete agreement with the said contentions raised by the Ld. Defence Counsel. From the said deposition of the prosecutrix it can safely be inferred that the accused after putting off her lower and under garment was putting his finger into her female organ and it has specifically come in her deposition that accused did not take out his penis out of his clothes or undressed himself when, due to the intervention of some persons, he was caught at that time. Following the said law laid down by the said superior courts, the present case also falls undoubtedly under the category of outraging the modesty of the prosecutrix and it falls short of the offence of attempt to rape.
Supreme Court of India Cites 35 - Cited by 135 - D Bhandari - Full Document
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