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TMI Blog2007 (3) TMI 794X X X X Extracts X X X X X X X X Extracts X X X X ..... short the 'IPC') and was sentenced to undergo RI for seven years. Prosecution version as unfolded during trial is as follows: Victim (PW-1) had gone in the field near Makararbandh to bring green grass and after collecting the green grass she was on her way back to her home. The appellant came to her and proposed for sexual intercourse. The victim protested and told that she will inform her mother in respect thereof. The appellant induced her not to say so to her mother as he will provide ₹ 10/- to her. The appellant felled her on the ground and removed her undergarment and ravished her. She was crying in pain and at this the appellant had stuffed her mouth by clothes. The genital of the appellant had penetrated in her g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act has any application, it is to be noted that the provision makes penal the assault or use of criminal force to a woman to outrage her modesty. The essential ingredients of offence under Section 354 IPC are: (a) That the assault must be on a woman. (b) That the accused must have used criminal force on her. (c) That the criminal force must have been used on the woman intending thereby to outrage her modesty. What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman's modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this Section is an attribute associ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... part of the accused which would show that he was just going to have sexual connection with her. Webster's Third New International Dictionary of the English Language defines modesty as freedom from coarseness, indelicacy or indecency; a regard for propriety in dress, speech or conduct . In State of Punjab v. Major Singh (AIR 1967 SC 63) a question arose whether a female child of seven and a half months could be said to be possessed of 'modesty' which could be outraged. In answering the above question the majority view was that when any act done to or in the presence of a woman is clearly suggestive of sex according to the common notions of mankind that must fall within the mischief of Section 354 IPC. Needless to say, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... word 'attempt' is not itself defined, and must, therefore, be taken in its ordinary meaning. This is exactly what the provisions of Section 511 require. An attempt to commit a crime is to be distinguished from an intention to commit it; and from preparation made for its commission. Mere intention to commit an offence, not followed by any act, cannot constitute an offence. The will is not to be taken for the deed unless there be some external act which shows that progress has been made in the direction of it, or towards maturing and effecting it. Intention is the direction of conduct towards the object chosen upon considering the motives which suggest the choice. Preparation consists in devising or arranging the means or measures ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape. Definition of rape as contained in Section 375 IPC refers to sexual intercourse and the Explanation appended to the Section provides that penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Intercourse means sexual connection. In the instant case that connection has been clearly established. Courts below were perfectly justified in their view. When the evidence of the prosecutrix is considered in the proper perspective, it is clear that the commission of actual rape has been established. The evidence of PW-7 is also relevant. It has be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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