SARFAESI Act | Sale Certificate Cannot Be Issued In Favour Of A Third-Party Nominee Who Was Not The Auction Bidder: Supreme Court SARFAESI Act | Auction Sale Conducted In Violation Of Mandatory Rules And Subsisting Restraint Order Is Vitiated In Law: Supreme Court Recovery Of Alleged Overpayment From A Separate, Unrelated Contract Without Notice Violates Principles Of Natural Justice: Supreme Court IBC | Adjudicating Authority Has Power To Recall CIRP Admission Order If It Was Obtained Through Fraud Or Collusion: Supreme Court Section 138 NI Act | Presumption Of Service Is Attracted Once Notice Is Dispatched To Correct Address Of Drawer: Supreme Court Operation Of Hookah Bars In Restaurants Constitutes Violation Of Rule 4(3) Of COTPA Rules: Allahabad High Court High Court Cannot Recall Order Passed On Merits Even If Passed Ex-Parte: Bombay High Court Administrative Authorities Cannot Pass Orders Having Civil Consequences Without Meaningful Consideration Of The Affected Employee’s Response: Allahabad High Court Discharge Application Cannot Be Converted Into A 'Mini-Trial' To Assess Evidentiary Sufficiency: Andhra Pradesh High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Allegations Are Falsified By Documents Annexed To Plaint Or Based On Non-Existent Law: Bombay High Court Police Cannot Interfere In Pending Civil Disputes Or Act As Arbitrators In Private Property Conflicts: Andhra Pradesh High Court Contract For Personal Services Between Doctor And Hospital Is Determinable And Not Specifically Enforceable: Calcutta High Court Allegations Of Sexual Offences Cannot Be Quashed Based On Contradictory Evidence Requiring Mini-Trial: Delhi High Court PMLA Adjudication | Failure To Expressly Discuss Every Submission In Written Synopsis Does Not Vitiate Order Under Principles Of Natural Justice: Karnataka High Court Prolonged Separation Of Sixteen Years Constitutes Cruelty Under Special Marriage Act: Kerala High Court Grants Divorce Order XII Rule 6 CPC | Decree Of Possession Can Be Granted On Admissions Even If Relationship Of Landlord-Tenant Is Disputed: Delhi High Court Non-Framing Of Issues Under Order XIV CPC Does Not Vitiate Trial Unless Prejudice Is Proved: Madras High Court Order 47 Rule 1 CPC | Review Jurisdiction Cannot Be Invoked To Cure Failure To Produce Evidence That Was Within Knowledge Of Applicant: Madhya Pradesh High Court Codicil To A Will Must Be Proved Like A Will; Propounder Must Remove All Suspicious Circumstances: Punjab & Haryana High Court Mere Lodging Of Section 498-A IPC Case Not Cruelty: Telangana High Court Sets Aside Divorce Decree Order XVII Rule 3 CPC | Power To Dismiss Suit For Default Of Evidence Is Drastic And Must Be Exercised Sparingly: Punjab & Haryana High Court

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

07 May 2024 8:19 AM

By: Admin


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 

Latest Legal News