TaxTMI 
TaxTMI 
2019 (11) TMI 1841
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....passed by the Sessions Judge, Chamoli in S.T. No. 36 of 1991 convicting the Accused for offences Under Section 354 and Section 511 read with Section 376 Indian Penal Code. The Accused was sentenced to undergo rigorous imprisonment of one year for commission of offence Under Section 354 Indian Penal Code and he was further sentenced to undergo two years Rigorous Imprisonment and pay a fine of Rs. 200/- for commission of offence Under Section 511 read with Section 376 Indian Penal Code. 2. The brief facts according to the prosecution are that the complainant-victim is the aunt of the Accused-Appellant. The Accused-Appellant had earlier also committed indecent behavior with the complainant-victim, which is the subject matter of another crimin....
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....gh Court vide impugned judgment dated 27.03.2009 dismissed the appeal and upheld the order of conviction passed by the trial court. Aggrieved by the aforesaid dismissal, the Accused-Appellant approached this Court by way of present appeal. 4. The counsel on behalf of the Accused-Appellant submitted that Accused-Appellant has been framed by the complainant-victim pursuant to certain existing enmity. Further, it was pleaded that the FIR was registered with a delay of 3 days and the prosecution has failed to explain the same. Lastly, the evidence of the witnesses does not suggest any liability for offence Under Section 511 read with Section 376 of Indian Penal Code. 5. On the contrary, the counsel for the State has supported the concurrent j....
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....his aunt; he responded stating, it does not matter to him. The aforesaid action of the Accused-Appellant is sufficient to prove his culpability. 8. The counsel of the Accused-Appellant has pleaded that the actions of the Accused-Appellant do not constitute the offence Under Section 511 read with Section 376, as the Accused-Appellant had not committed any overt act such as; any attempt to undress himself in order to commit the alleged act. This Court in the case of Aman Kumar and Anr. v. State of Haryana, (2004) 4 SCC 379 held that- 11. In order to find an Accused guilty of an attempt with intent to commit a rape, court has to be satisfied that the Accused, when he laid hold of the prosecutrix, not only desired to gratify his passions upo....
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....-Appellant would have succeeded in executing his criminal design. The conduct of the Accused in the present case is indicative of his definite intention to commit the said offence. 11. The counsel on behalf of the Accused-Appellant placed reliance upon the case of Tarkeshwar Sahu v. State of Bihar (Now Jharkhand), (2006) 8 SCC 560 to claim the benefit of acquittal for offence Under Section 511 read with Section 376 of Indian Penal Code. But, on careful perusal of the aforesaid decision in the backdrop of facts and circumstances of the present case, both the cases are distinguishable as in the case cited above, it is clearly noted that the Accused failed at the stage of preparation of commission of the offence itself. Whereas, in the presen....