TMI Blog2004 (3) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... the IPC )- He was sentenced to undergo 10 years RI by the Trial Court which was reduced to 5 years by the High Court. Accusation which led to the trial of the accused are essentially as follows : On 10. 6. 1991 at about 6.00 p.m. the victim along with her friend and two others started by walk from their village to go to a nearby place for witnessing a movie. They reached cross-roads of the village where the accused along with his friends who were going to Borrampalem on their bicycles met them and gave lift to the victim girl and her friends and all of them witnessed the picture at a movie hall. At the time of return accused nourished an idea of quenching his lust by committing sexual intercourse with the victim, invited her to boar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld by the High Court. Both the Courts held that since ejaculation was there, it amounted to rape and whether actual intercourse was there is immaterial, ejaculation being the ultimate act of sexual intercourse. In support of the appeal, learned counsel for the appellant submitted that the prosecution version has many loose ends and the Courts below have not analysed the evidence in their proper perspective. Additionally, the evidence of PW-1 and the doctors evidence clearly rules out the commission of rape as alleged. Even if the prosecution version is accepted in its totality, no case of rape is made out and at the most a case of attempt to rape is made out. Actual intercourse and not ejaculation is the sine qua non of the offence. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... succeeds, he has committed the offence, if it fails due to reasons beyond his control, he is said to have attempted to commit the offence. Attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence. The word attempt is not itself defined, and must, therefore, be taken in its ordinary meaning. This is exactly what the provisions of Section 511 require. An attempt to commit a crime is to be distinguished from an intention to commit it, and from preparation ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the elements of the substantive crime. In other words, an attempt consists in it the intent to commit a crime, falling short of, its actual commission or consummation/completion. It may consequently be defined as that which if not prevented would have resulted in the full consummation of the act attempted. The illustrations given in Section 511 clearly show the legislative intention to make a difference between the cases of a mere preparation and an attempt. In order to find an accused guilty of an attempt with intent to commit a rape. Court has to be satisfied that the accused, when he laid hold of the prosecutrix, not only desired to gratify his passions upon her person, but that he intended to do so at all events, and notwithstanding an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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