Gajanand S/o Chamru Lal @ Bhuria Lohar Vs. The State of Madhya Pradesh

Madhya Pradesh High Court (Single Judge)

Criminal Appeal, 976 of 1999, Judgment Date: Aug 31, 2018

Law laid down -

An act of attempt to commit an offence is totally different from an act of preparation to commit an offence. There is no evidence that after laying down on the prosecutrix, the appellant in order to commit rape put his penis on the vagina of the prosecutrix or made any further attempt to penetrate in the vagina of the prosecutrix or touch any sensual organ with hand. Hence, the act which has been proved shows only preparation. Moreso, it is also important in this case that there is no medical evidence with regard to competency of the appellant to commit sexual intercourse. There is also no evidence that the appellant was making efforts to insert his penis into the vagina of the prosecutrix, as it appears from the earliest version of the prosecutrix, mentioned in the FIR Exh. P-1 and only to that extent her statement is credible. Hence, it cannot be said that the prosecution has established beyond reasonable doubt that the appellant has committed offence of attempt to rape with the prosecutrix. In these circumstances, only the offence of assaulting the prosecutrix with a view to outrage her modesty is found to be proved.

Gajanand S/o Chamru Lal @ Bhuria Lohar Vs. The State of Madhya Pradesh