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PRASANNA B. VARALE, N. R. BORKAR
Aftab Mustaq Khan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
N.R.BORKAR,J. - This appeal takes an exception to the judgment and order dtd. 26/9/2014 passed by the learned Additional Sessions Judge, Greater Mumbai in Sessions Case No. 920 of 2013. By the impugned judgment and order, the trial court convicted the appellant for the offence punishable under Sec. 376 of the Indian Penal Code and sentenced to suffer Life Imprisonment and to pay fine of Rs.1000.00 and in default of payment of fine to undergo further Rigorous Imprisonment for two months.
Dinesh Sherla
2. We have heard the learned counsel for the appellant and the learned APP for the respondent - State.
3. The learned counsel for the appellant submits that on the basis of evidence on record, the only offence which can be said to be proved against the appellant is the offence of attempt to commit rape. It is submitted that the trial court, therefore, erred in convicting the appellant for the offence of rape. The learned counsel for the appellant further submits that at the relevant time, the appellant was aged about 18 to 19 years and therefore, the trial court ought not to have imposed the punishment of life imprisonment.
4. On the other hand, the learned APP submits that on t
The central legal point established in the judgment is the requirement of penetration to constitute the offence of rape, and the distinction between rape and attempt to commit rape based on the prese....
The judgment established that evidence of penetration, even of the slightest degree, is necessary to establish the offence of rape under Section 376(2)(f) of the Indian Penal Code.
Insufficient evidence for conviction under IPC Section 376(1) necessitates conviction for attempted rape under Section 376/511 due to partial penetration.
Partial penetration is sufficient for a conviction of attempted rape, reaffirming the necessity of proven intent to commit the offence.
The court maintained that actions by the accused demonstrated intent to commit rape, establishing a clear distinction between mere indecent assault and attempted rape.
The distinction between preparation and attempt in sexual offenses requires clear evidence of intent and action beyond mere preparation.
The interpretation of penetration under Section 375 of the Indian Penal Code, 1860, recognizes that any form of penetration, even through clothing, constitutes rape.
The main legal point established in the judgment is the principle that corroboration is not required for the testimony of the victim in case of rape if the evidence is of sterling quality. The judgme....
The sole testimony of the victim can be accepted and relied upon for fixing guilt if it inspires confidence, and medical evidence about 'habituated to sex' does not relieve the accused from the charg....
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