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 rape itself, and the consequent modification of the conviction and sentence.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, to call for the records pertaining to the judgment rendered by the Sessions Judge, Magalir Neethimandram (Fast Track, Mahila Court) Vellore, Vellore District in S.C.No.84 of 2012 dated 18.05.2016 and set aside the same.)

1. This Criminal Appeal is preferred by the appellant / accused in Sessions Case No.84 of 2012 on the file of learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court) Vellore, assailing the judgment passed by the trial court on 18.05.2016 in which he was convicted and sentenced to undergo rigorous imprisonment for seven years with fine of Rs.2,000/- for the offence under Section 376 of 'The Indian Penal Code, 1860' [hereinafter referred to as 'IPC' for the sake of brevity], in default, to undergo two months simple imprisonment.

2. The case of the prosecution, in brief, is as follows :

2.1.P.W.1 is the victim. P.W.2 is her husband. The victim is running a petty shop right opposite her house. She also has two acres of land which is maintained by her husband and mother-in-law. She has three daughters and one son, out of whom, two daughters already got married. The accused is residing in the same hamlet as the victim. On 27.12.2010, at about 07.30 p.m., the victim's husband asked her to come after him to the land after closing the petty shop and started to their land. Thereafter, when the victim was in the petty shop, the appellant / accused came and purchased Halls and cigarettes. Later, she closed the petty shop and proceeded to her land. At about 08.30 p.m., she noticed that the accused / appellant was following her while she was crossing Anandan's land. Then, the accused / appellant pushed her down, undressed her and committed rape on her. During the course of occurrence, the victim bit the accused’s hand. The appellant / accused threatened to kill her if she discloses the incident to anybody and left the scene of occurrence. P.W.1 told this incident to her husband (P.W.2) with tears who in turn, informed the same to witnesses Suresh (P.W.3) and Deepika (P.W.4). With their aid, the victim was brought to Government Hospital, Adukkamparai in the midnight, as she was suffering from body pain. The next day morning in the Hospital, at about 10.00 am, the victim gave complaint statement (Ex-P.1) to the police and handed over the clothes worn by her at the time of occurrence i.e., yellow, white, brown flowered nylon saree marked as MO-1, blue colour jacket marked as MO-2, dark blue colour inskirt marked as MO-3 to the police.

2.2. Based on the complaint (Ex-P.1), a case under Section 376 of IPC was registerd on 28.12.2010. P.W.16 - Inspector of Police, took the case for investigation and handed it over to P.W.17 after substantial completion of the investigation. P.W.17 examined the Doctors and Forensic Officer and recorded their statements. At this stage of investigation, as he was transferred, P.W.18 took over the investigation and filed final report under section 376 of IPC and Section 4 of 'Tamil Nadu Prohibition of Harassment of Women Act, 1998' [hereinafter referred to as 'TNPHW Act' for the sake of brevity].

2.3. The trial court framed charges under Section 376 of IPC and Section 4 of TNPHW Act and read it over to the accused under Section 228 of Cr.P.C. Since the appellant / accused denied the charges, trial was ordered.

2.4.Prosecution examined 18 witnesses as P.W.1 to P.W.18 and marked Ex-P.1 to Ex-P.18 documents and MO-1 to MO-3.

2.5.The trial court after full trial, concluded that the charge under Section 376 of IPC and Section 4 of TNPHW Act has been proved beyond reasonable doubt but in view of Section 71 of IPC, convicted the appellant / accused for the offence under Section 376 of IPC alone as the ingredients of Section 4 of TNPHW Act forms an integral part of the offence of ravishment mentioned in Section