Penetration required for rape under IPC; where only overt acts were proved, conviction stood altered to attempt to commit rape.

Penetration is a necessary ingredient of rape under IPC Section 375, and ejaculation without penetration does not complete the offence. The evidence showed an overt act directed towards sexual assault, including taking the victim to a secluded place, and the accused had gone beyond mere preparation and commenced execution. However, actual intercourse was not proved, so the conviction for rape was unsustainable. The facts established only an attempt to commit rape, and the conviction was altered to attempt under IPC Sections 511 and 376, with the sentence reduced accordingly.

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Issues: Whether the facts established the offence of rape under Section 376 of the Indian Penal Code, 1860, or only an attempt to commit rape punishable under Section 511 read with Section 376 of the Indian Penal Code, 1860.

Analysis: The offence of rape under Section 375 of the Indian Penal Code, 1860 requires penetration, and ejaculation without penetration does not satisfy the legal ingredient of sexual intercourse necessary for rape. The evidence showed that the accused had taken the victim to a secluded place and made an overt act directed towards sexual assault, but the connection amounting to actual intercourse was not established. The distinction between mere preparation and attempt was applied to hold that the accused had gone beyond preparation and had commenced execution of the offence.

Conclusion: The conviction for rape was unsustainable, and the proved facts constituted only an attempt to commit rape. The conviction was therefore altered to Section 376 read with Section 511 of the Indian Penal Code, 1860, with sentence reduced accordingly.

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