Section 376 IPC: If there is a definitive intention to commit rape, it is immaterial whether the accused undressed himself or not [Read the Order]


A bench of Justice Ramana and Rastogi in the case titled CHAITU LAL vs STATE OF UTTARAKHAND on 20.11.2019 has observed that undressing is not a necessity to establish an strive to rape.
While dealing with a conviction for attempted rape, the Supreme Court determined and held as under:
“The tips of the accused­appellant has pleaded that the movements of the accused­appellant do not represent the offence under Section 511 read with Section 376, as the accusedappellant had no longer committed any overt act such as; any strive to undress himself in order to commit the alleged act….
The try to commit an offence starts when the accused commences to do an act with the integral intention. In the existing case, the accused­appellant pounced upon the complainant­victim, sat upon her and lifted her petticoat while the complainant­victim protested in opposition to his advancements and wept….
Herein, although the complainant­victim and her daughter had been pleading with the accused to let the complainant­victim go, the accused­appellant did not exhibit any reluctance that he was once going to quit from committing the aforesaid offence. Therefore, had there been no intervention, the accused­appellant would have succeeded in executing his crook design. The habits of the accused in the current case is indicative of his particular intention to commit the said offence……
Considering the data and circumstances, the guilt of the accused­appellant has been installed past doubt. In our opinion, therefore, the courts beneath have rightly convicted and sentenced the accused. In view of the aforesaid observations, the appeal lacks advantage and is for that reason dismissed”.

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