Attempt to Rape -- Absence of Proximate Overt Act -- Not sufficient to sustain conviction
(i) Indian Penal Code, 1860, S.376/511 -- Attempt to Rape -- Absence of Proximate Overt Act -- Not sufficient to sustain conviction -- Conviction for attempt to rape requires evidence of an act sufficiently proximate to the commission of rape. Indecent assault or physical contact alone, without any specific overt act towards sexual intercourse, does not satisfy the ingredients of attempt to rape and instead attracts liability for outraging modesty. (ii) Indian Penal Code, 1860, S.354 -- Assault or Criminal Force to Woman -- Intent to Outrage Modesty -- Assault involving physical contact with a woman, accompanied by knowledge or intention that her modesty would be outraged, is punishable as outraging modesty even where the conduct falls short of an attempt to commit rape. (iii) Code of Criminal Procedure, 1973, S.354 (Sentencing) -- Sentence -- Long Lapse of Time Since Incident -- Sentence reduced to period already undergone -- Where a long period has elapsed since the incident and the convict has already undergone substantial custody with no prior antecedents, sentence may be modified to the period already undergone in the interest of justice.
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