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Madan Lal & Ors vs The State Of Jammu & Kashmir And Ors on 6 February, 1995

11. For an offence to commit attempt of rape, the prosecution must establish that it has gone beyond the stage of preparation. The difference between mere preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination, as has been held by the Hon'ble Apex Court in the case of Madan Lal Vs. State of Jammu & Kashmir reported in AIR 1998 SC 386. In para 12, the Hon'ble Apex Court observed as under:-
Supreme Court of India Cites 8 - Cited by 457 - S B Majmudar - Full Document

Damodar Behera And Anr. And Sagar Barik vs State Of Orissa on 26 July, 1995

In the case of Damodar Behera Vs. State of Orissa reported in 1996 CrLR 346, the Orissa High Court has held that where a person alleged to have removed saree of the victim and ran away on seeing some persons and there was no material showing that accused was determined to have sexual intercourse, in all events, the offence cannot be said to be attempt to commit rape to attract culpability under Section 376/511 I.P.C. but the case is certainly one of indecent assault upon a woman.
Orissa High Court Cites 8 - Cited by 4 - A Pasayat - Full Document

Sidharth @ Sittu S/O Sunaina vs State Of Rajasthan on 31 May, 2022

16. This Court in the case of Sittu Vs. State of Rajasthan reported in AIR (Raj.) 1967 (3) 149, while dealing with the case whether case for offence under Section 376/511 I.P.C. was found or not, held that where girl was forcibly made naked, the accused tried to force male organ into her private parts despite strong resistance from her, would amount to attempt to commit rape and not merely indecent assault.
Rajasthan High Court - Jaipur Cites 0 - Cited by 0 - A K Dhand - Full Document
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