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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Vasudeo Gond, S/o Bahur Singh – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Narendra Kumar Vyas
1. This appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 06.04.2005 passed by learned Additional Sessions Judge, Dhamtari, Camp- Raipur (C.G.) in Sessions Trial No. 217/2004, whereby the appellant stands convicted and sentenced as under:-
2. The case of the prosecution, in brief, is that on 21.05.2004, the victim was alone in her house and at that time, the accused came there and asked her whether she would go to shop and when the victim asked him for money to go to the shop, the appellant caught hold her hand, forcibly dragged her to his house where he removed his own clothes as well as the victim clothes and committed sexual intercourse with her without her will and thereafter, he locked her inside the room of his house, tied her hands and legs and stuffed cloth into her mouth. The information regarding the incident was lodged at Police Station Arjuni, upon which an offence was registered and investigation was conducted. After completion of investigation, the charge-sheet was submitted before the Court of Chief Judicial Magistrate, Dhamtari. The case was committed to the Cou
Partial penetration is sufficient for a conviction of attempted rape, reaffirming the necessity of proven intent to commit the offence.
Insufficient evidence for conviction under IPC Section 376(1) necessitates conviction for attempted rape under Section 376/511 due to partial penetration.
Attempted rape under IPC Sections 376 and 511 established through credible victim testimony, despite lack of penetration.
The main legal point established in the judgment is the distinction between preparation and attempt to commit rape, leading to the finding that the appellant's acts amounted to attempt to rape, not r....
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 main legal point established in the judgment is that complete penetration is not necessary to establish the offense of rape, as per the interpretation of the definition of rape under the Indian P....
(1) There is a visible distinction between ‘preparation’ and ‘attempt’ to commit an offence and it all depends on statutory edict coupled with nature of evidence produced in a case.(2) What constitut....
The distinction between 'attempt' and 'preparation' in criminal law leads to the conclusion that actions lacking overt intent to complete the crime cannot sustain a conviction for attempted rape, but....
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