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1 - 10 of 10 (0.28 seconds)Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 354 in The Indian Penal Code, 1860 [Entire Act]
Section 375 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
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:-
The Code of Criminal Procedure, 1973
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
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.
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.
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