Indian Penal Code, 1860, Section 376, 511 -- Rape and attempt to rape - Distinction between an attempt to rape and rape is very suttle - When an attempt to penetrate is made, but no penetration takes place, it can be said to be an attempt to rape; but when an attempt to penetrate is made and a slight penetration takes place, the same would constitute rape - As there was no..........
Indian Penal Code, 1860, Section 376, 511, 354 -- Attempt to rape - There was no attempt to penetrate - Held, there was no attempt to rape - However, action of lifting victim, putting her on bed, removing her underwear and lifting her frock did outrage the modesty of victim - Offence u/s 354 IPC made out...........
Indian Penal Code, 1860, Section 363, 376, 511 -- Attempt to commit rape of 3 years old girl - Accused in custody for more than 4 years 10 months - Sentence reduced to already undergone - Fine maintained...........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Court has to satisfy itself that the accused when he laid hold of the victim, not only desired to gratify his passions upon her person, but that he intended to do so at all events and notwithstanding any resistance on her part - Indecent assaults are often magnified into attempts at rape - In order to come to a..........
Indian Penal Code, 1860, Section 376(2)(f), 511 -- Attempt to rape - Proof - Direct evidence only of prosecutrix aged 3 years 7 months - Evidence of prosecutrix evasive and influenced by mother and grandmother - Mother and grandmother alleged eye witness turned hostile - Medical evidence did not lend assurance to statement of prosecutrix - Held, conviction cannot be based..........
Indian Penal Code, 1860, Section 398, 511, Evidence Act, 1872, Section 3 -- Attempt to commit robbery - Seizure of knives from the possession of accused in presence of panches at the scene of offence - Panches not examined - Allegation that accused were holding clubs, but no club seized from the accused - Also no evidence to prove that knives seized were deadly weapons so..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Not actually committed but an attempt was made to commit rape - Accused can be convicted u/ss 376 read with S.511 IPC though attempt to commit rape was not separately charged...........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Evidence that accused placed his male organ on the private part of the victim - Victim nowhere stated that there was penetration of the male organ - Held, in the absence of such material in the evidence of victim, it cannot be said that there was penetration and commission of forcible sexual intercourse - Held,..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to commit rape on a minor girl of four years - Appellant made the prosecutrix in the naked condition and also became himself naked and put up himself in the naked condition on the prosecutrix - Held, at is an act to commit rape not mere an act to outrage the modesty of the prosecutrix - Accused in jail for five years -..........
Indian Penal Code, 1860, Section 376, 511, Criminal Procedure Code, 1973, Section 222 -- Rape - Offence u/s 376 IPC - During trial accused found to have committed offence of attempt to rape - Accused convicted u/s 511 IPC through no charge u/s 511 was framed - Not illegal - When an accused is charged with a major offence and if the ingredients of major offence are not..........
