An 'attempt' is a legal and factual issue. After the preparations are completed, the 'attempt' is the direct movement towards the commission-SC

Apex court set aside the conviction order U/S 354 IPC and upheld the conviction under Section 376(2)(f) read with Section 511 of IPC and observed that An 'attempt' is a legal and factual issue. After the preparations are completed, the 'attempt' is the direct movement towards the commission. It is critical to demonstrate that the attempt was made with the intent to commit the offence. Even if the accused is unsuccessful in committing the main offence, an attempt is still possible. Similarly, if an attempt to commit a crime is successful, the crime has been committed for all intents and purposes. 

Minor prosecutrix X and Y were playing 'gilli­danda' in the street near the respondent's house. The respondent called them with the promise of money. Lured by the promise of money, both victims accompanied the respondent to his house, which was completely empty at the time of the incident. Taking advantage of the situation, the respondent shut all the house's doors from the inside. He then led the victims to one of the house's rooms and declared that he would marry them. It is claimed that the respondent then undressed X and forced her to lie down on the cotton cot that was kept in the room. Meanwhile, he undressed and began rubbing his genitals against X's genitals. The preceding act was then repeated with Y in the same manner. Both minors. He then led the victims to one of the rooms in the house and declared that he would marry them. It is stated that the respondent thereafter undressed X and made her lie down on the cotton cot which was kept in the room. Meanwhile, he also took off his clothes and started rubbing his genitals against the genitals of X. Further, in the same identical manner, the above­mentioned act was repeated with Y. Both the minor victims, as an obvious reaction to the respondent’s acts must have felt scared and shocked because of which they allegedly started crying. However, after a few days, both victims revealed the details of the incident to their friend who is named as ‘Z’ The mothers then communicated the same to their respective husbands. After a lapse of 15 days of the incident, the present FIR was thus filed. Apex court set aside the conviction order U/S 354 IPC and upheld the conviction under Section 376(2)(f) read with Section 511 of IPC. 

D.D- 25.10. 2021

STATE OF MADHYA PRADESH  Versus   MAHENDRA ALIAS