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Head Note

Indian Penal Code,1860  - Section 354

Probation of Offenders Act, 1958 - Section 4 - Conviction - Probation - Accused is not a minor, rather he has committed an offence against a minor girl who is helpless - Further, it is clear from the evidence on record that he ran away only when the prosecutrix screamed and PW3 came to the place of incident, which goes on to show that the accused could have had worse intentions - Offence is heinous in nature and there is no reason for granting benefit of probation in this case - Trial Court has not given any special consideration to the character of the accused apart from the fact that this was the first conviction of the accused - This is far from sufficient to grant probation in an offence like outraging the modesty of a woman.

Indian Penal Code,1860  - Section 376 , Section 511 , Section 354

Appeal against Acquittal - Attempt to Rape - Accused fled away on when the PW3 came to the place of incident due to shouting of the prosecutrix - This shows he wasn't determined to have sexual connection with the prosecutrix despite all resistance and odds - There are inconsistencies in the statement of the prosecutrix wherein she states that she had suffered injuries on her breast but same is not corroborated by the medical evidence - Also, 'S', who is an important eye witness, is not produced as a witness - Held that difficult to hold that offence of attempt to rape is proved to a sufficient measure - By consistent evidence what is proved beyond reasonable doubt is the offence under Section 354 of IPC - Accused respondent y sentenced to rigorous imprisonment for two years.

Topic(s)-Outraging Modesty of Woman - Conviction