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“The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape.”
The Court found that it had been proved that the victim was forcibly kidnapped by the convict with the intention to marry and have intercourse with her. He not only outraged her modesty but also attempted to rape her by undressing her but failed due to her protest.
The Supreme Court had taken suo motu cognizance of the matter after an NGO ‘We the Women of India’ approached the Court against the impugned decision.
Allahabad High Court concluded that the findings of the court below regarding the offence of attempt to rape in relation to accused persons are not sustainable. Instead, they should be summoned for offence under Section 354(b) of the IPC, read with Section 9 read with Section 10 of the POCSO Act.
Allahabad High Court: In an appeal against the decision of the Trial Court whereby the accused/appellant has been convicted and sentenced to
Gauhati High Court: Arun Dev Choudhury, J., held that sexual offences against minor cannot be compromised by parents. An FIR was lodged
Supreme Court: In a case where the accused had lured minor girls aged 8 and 9, took them inside the room, closed
Jammu and Kashmir High Court: Sanjeev Kumar, J., granted bail to the applicant in arrested in a rape case. While clarifying the
Meghalaya High Court: W. Diengdoh, J., has held that the ingredients that are to be seen existing in an allegation of attempt
Bombay High Court: A Single Judge Bench comprising of Rohit B. Deo, J. upheld an appeal in part, that had been filed