merely assault
under Section 354 IPC and not an attempt to commit
rape under Section 376 read with Section 511 IPC.
In the facts ... established and the High Court
rightly convicted him under Section 376 read with
Section 511 IPC.”
18. The difference between `attempt’ and `preparation
convicting the three appellants under the
provisions of Section 366A and Section 372 read with Section 511
Indian Penal Code, 1860 (for short ... charge under Section
24
363 IPC. Charge was framed for offences punishable under Section
366A and under Section 372 read with Section 511
convicted under Section 511 read with Section 304B IPC.
For that purpose it is necessary to extract Section 511 as
under:
511.Punishment for attempting ... under Section 498A IPC. When it
is so expressly made punishable the act involved therein
stands lifted out of the purview of Section 511
ingredients of section 375 IPC punishable under Section
376 IPC to demonstrate whether the conviction of the
appellant under Sections 376 / 511 IPC is sustainable ... committed squarely covers the ingredients of
Sections 366 and 354 IPC. The appellant was charged
under Sections 376 / 511 IPC but on invoking the
provisions
Kamlesh were found guilty of an
offence punishable under Section 365/511 read with Section 149
IPC for which learned 6th Additional Sessions Judge, Lucknow ... Section 149 IPC as also under Section 147 IPC.
Section 365 provides for a sentence which may extend to two
years while Section 511 provides
commit rape which would be an offence falling
under Section 376 read with Section 511 IPC. But by some
curious reasoning, the High Court proceeds ... could not have
convicted the accused for an offence under Section 354 IPC.
Section 511 IPC provides punishment for attempting to commit
offence punishable with
foung
guilty of commission of offence under Section 376(2) (f) read with Section
511 of the IPC. He was sentenced to 10 years rigorous ... made. That being the position,
conviction is altered from Section 376 IPC to Section 376 / 511 IPC."
Yet again in Aman Kumar
convicting the accused for offences under
Signature Not Verified
Section 354 and Section 511 read with Section 376 IPC. The
Digitally signed by
GEETA AHUJA ... under Section 354 , pursuant to
which he was directed to undergo oneyear rigorous
imprisonment. He was further convicted for offence under
Section 511 read
Department started proceedings under Sections 193 IPC read with Section 136 of the
Act, Section 420 IPC read with Section 511 IPC and Sections ... Section 193 IPC read with Section 136 of the Act and under Section 276-C(1) of
the Act and under Section
offence punishable
under Section 376 IPC.
The plea relating to applicability of Section 376 read
with Section 511 , IPC needs careful consideration. In every
crime ... complete, but law punishes the person attempting the act.
Section 511 is a general provision dealing with attempts to
commit offences not made punishable
