Removing Girls’s Inner-wear, Undressing Oneself Not Attempt To Rap€-Rajasthan High Court | Analysis

Removing Girls’s Inner-wear, Undressing Oneself Not Attempt To Rap€-Rajasthan High Court | Analysis
A bench of Justice Anoop Kumar Dhand emphasized on what constitutes an "attempt" and the distinction between an attempt to commit rape and to commit indecent assault. It said that for the former, the accused must have gone beyond the stage of preparation.
The Court explained that for the offence of “attempt”, 3 stages needed to be fulfilled- firstly, there must be an intention to commit the offence; secondly, an act towards the commission of that offence; and thirdly, the act must be close enough to the culmination of the crime. On the other hand, the Court elaborated that any act that fell short of such an act that crossed the stage of preparation constituted indecent assault under Section 354 IPC.
"The first stage exists when the culprit first entertains the idea or intention to commit an offence. In the second stage, he makes preparations to commit it. The third stage is reached when the culprit takes deliberate overt steps to commit the offence. Such overt act or step in order to be “criminal” need not be the penultimate act towards the commission of offence. It is sufficient if such act or acts were deliberately done and manifest a clear intention to commit the offence aimed, being reasonably proximate to the consummation of the offence," it said.
In the instant case, there was no allegation that the accused attempted penetration. As per the 6 year old prosecutrix, accused undressed both her and himself and fled the scene when she made hue and cry.
Court then referred to the case of Sittu v State of Rajasthan, where the girl was forcibly made naked and the accused attempted to penetrate her despite her resistance. This act was seen as crossing the stage of preparation and amounted to attempting to commit rape. In the case of Damodar Behera v State of Orissa however, the accused was alleged to have removed victim's saree but he fled away on seeing some persons. This act was not seen as reaching the stage of attempt to commit rape but fulfilling the conditions of an indecent assault under Section 354 IPC.
Book your Appointments for legal Consultation here- meetpro.club/a...
Click here for My WhatsApp Channel, Instagram, Online Legal Courses For Law Students etc. linktr.ee/adv.vkg
#thelegalindian Is An Initiative To Spread Legal Awareness In India. Useful For Law Aspirants, Law Students, Lawyers, Advocates & Law Abiding Citizens. This Channel is run by -
Adv. Vivek Kr. Gaurav
(Vivek Kr. Gaurav is an advocate by profession. He is a first generation Advocate, having no Godfather in this Profession. He is an alumnus of prestigious Sainik School Tilaiya. He had completed his graduation from CIC, University of Delhi with specialisation in Counselling Psychology. Thereafter he had joined prestigious Faculty of Law, University of Delhi for his LL.B. degree. Further he had complete LL.M. with a specialisation in Criminal & Security Laws. Presently he is practising law at Supreme Court of India, Delhi High Court, District & Sessions Courts, Delhi. His area of interests are Criminal, Matrimonial and Constitutional Laws. He has a strong passion for teaching law. He is trying his best to take some time to leach law to the young law students and motivate them to join this profession. Law students may find various online courses on the website mentioned above.
Disclaimer
1. The content in this channel is strictly for educational and informational purposes and is not intended to be legal advice or recommendation of any kind whatsoever.
Viewers should always take their own due diligence on any information perceived from this video to form their own opinion & best judgment.
2. The materials contained in this video can't replace a substitute for the services of trained professionals in any field including but not limited to financial, legal, or psychological matters. The video is not warranted for content accuracy or any other implied or explicit purposes.
3. This video is not intended to spread rumours or offend or hurt the sentiments of any religion, community, or individuals or to bring disrespect to any person living or dead whatsoever.
4. Some content may have been used as "fair use" for the purpose such as criticism, comment, teaching, scholarship & research, etc. under section 107 of the Copyright Act, 1976. Fair use of content is permitted by the copyright statute that might otherwise be infringing. All credit for Copyright materials used herein goes to the respected owners if any and I do not have any claim on it whatsoever.
#Advocate #lawstudents #lawyer #llb #dullbexam #lawstudent #lawstudentlifestyle #lawaspirants #lawyers #supremecourtofindia #delhihighcourtl #delhidistrictcourt #advocates #legalnews #lawaspirants #laweducation #ipc #crpc #legaldrafting #familylaw #jurisprudence #barcouncilofindia #law #supremcourtofindia #askyourvakil #motivation

[@OMESH-NIGAM]

Shame on you Raj HC😡😡😡😡 Need to approach SC

[@Punyawant2001]

Sir you are really great your teaching style is so good and I don't feel English language is difficult because you

[@mohitgamingzone6784]

Same case with Porsche car accident case People thinks that only a 300 words is enough to commit a accident or killing someone by car but they don't know the whole story that the owner of that car which was his father had been convicted by the police. Seriously , social media is misguiding the youth by sharing half information which is literally injurious to health 😂

[@Punyawant2001]

So great ❤

[@OMESH-NIGAM]

Shame on you Raj HC😡😡😡😡

[@NeehaSaini_5]

Good information for New advocate

[@masongeorge8]

Agar ye rape hai to iske liye to sabse pahle accused aur victim ki mensera ko dekha jaega aur iske baad to agar sex hua hai to hi banega , but according to IPC ,intention and preparation, attempt, illegal act, humen , injury and comission of ye sabhi fullfill hote hain tab hi wo offence ho anythaa nahi Aur jaha tak iska sawaal hai toh agar offence commit hua hai to ye indecent represtation of women act me jaega , not attempet to rape because if the men inject his privet part in womens vegina the it is called rape

[@Om_1010]

Yes law background people get a noble prize they are very genuine genius people of planet

[@sarojkurre4044]

Pahli baar you tube pe aapka video dekha bahut achha laga.

[@preetitiwari4946]

Good information sir 🙏🙏🙏🙏🙏🙏

[@_avant____126]

Thankyou so much sir for well explanation... Now i think like a lawman 😌

[@vishalaggarwal3569]

Sir soch rahe hai unki koi beti nahi hogi, or hogi to uske saath aisa nahi hoga 😂😂😂😂😂😂 tb bhi law law karenge. Mtlb aapki ladki k koi kapde khol k bhaag jayega to aap usko chhod doge sir.In the name of law we can't kill our ethics.

[@anujdimple]

Ldki ke kpde utare....khud ke bhi utar diye...or fir ldki ko mouka bhi mil gya khud ke kpde pahan ne ke liye. Or bhagne ka mouka mil gya....baat kuch zmi nhi..

[@Mehak_Saree_Mahal_01]

Clothes remove karna means intention to wahi tha na , but Rajasthan HC accused ko bachane ke liye ,yeh bekar tark de rha hn , or agar yeh law me include nhi hn to hona chahiye, yeh mental harassment hn and attempt to rape bhi hn

[@SitwatQ]

Accused person ne judges ko approach karke favorable order liya hoga,it is common thing in Rajasthan hc. Yahan accused ko bachaya jata hai females ko nahi

[@Aaadi_98]

Beta padhai Karo tab pata chalega judge ke bare me..

[@SitwatQ]

@@Aaadi_98 khoob ache se janti hon judges ko jo janbujkar wrong order pass karte hai

[@kamaleshkumar6335]

Great order......

[@T-ti4uw]

Tun fake case dena stop karo

[@SitwatQ]

@@T-ti4uw kisne bola apko fake case???

[@vaibhavjain9987]

Sir, it was 1991 case this definition which you used is not applicable to present case. At that time only sexual intercourse means rape

[@vaibhavjain9987]

Also POCSO was not there in1991

[@vaibhavjain9987]

Also I totally disagree with quantum of punishment, it should be 2 year under sec 354

[@vaibhavjain9987]

I think prosecution made a huge mistake

[@SitwatQ]

Rajasthan hc is MAD

[@InstaCuts7050]

SIR.... CYBER CELL DWARA ... ACCOUNT .. FREEEZ KAR DIYA GYA HAI..... KISI FROUD TRANSCTION .. K WAJH SE PAR MAINE AISA KIYA NHI .. KUCH.. ISS PAR EK VIDEO BANA DIJIYE

[@prabhatranjan3932]

but sir the girl is minor so in my mind they shuld be punished under pocso where is no need to penetration or insertion only prima facie intension need to prove

[@perwezalam8551]

Now the focus will shift from NTA case to this case

[@sonubainsla1692]

Good information nice sir aap se motivated hoke law kar rha hu ( bba,llb ) 3 year me hu sir aap se bhout kuch sikne ko milta h thanks sir 😊

[@saurabhdas9031]

Besides being a lawyer you should be little more sensitive instead of being so callous. You are playing a dirty game promoting rape. If the same incident happens with a victim belonging to your family, possibly only then u will explain it in other way.