Removing Girls’s Inner-wear, Undressing Oneself Not Attempt To Rap€-Rajasthan High Court | Analysis
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- Опубліковано 13 чер 2024
- 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.
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Shame on you Raj HC😡😡😡😡 Need to approach SC
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 😂
So great ❤
Sir you are really great your teaching style is so good and I don't feel English language is difficult because you
Good information for New advocate
Good information sir 🙏🙏🙏🙏🙏🙏
Pahli baar you tube pe aapka video dekha bahut achha laga.
Thankyou so much sir for well explanation... Now i think like a lawman 😌
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
Yes law background people get a noble prize they are very genuine genius people of planet
Rajasthan hc is MAD
Shame on you Raj HC😡😡😡😡
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
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
Beta padhai Karo tab pata chalega judge ke bare me..
@@Aaadi_98 khoob ache se janti hon judges ko jo janbujkar wrong order pass karte hai
Great order......
Tun fake case dena stop karo
@@DeepAcharya-ti4uw kisne bola apko fake case???
Sir, it was 1991 case this definition which you used is not applicable to present case. At that time only sexual intercourse means rape
Also POCSO was not there in1991
Also I totally disagree with quantum of punishment, it should be 2 year under sec 354
I think prosecution made a huge mistake
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
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 😊
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.
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
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..
Now the focus will shift from NTA case to this case
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.