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Supreme Court of India 2021-10-25 allowed

State of Madhya Pradesh vs Mahendra alias Golu

Bench: 2 — Surya Kant

In Brief

The State appealed against a High Court judgment that reduced the respondent's conviction from attempted rape to indecent assault under Section 354 IPC, reducing his sentence from five to two years. The respondent had lured two minor girls (aged 8 and 9) to his house, undressed them and himself, and rubbed his genitals against theirs. The Supreme Court held that these acts constituted an attempt to commit rape, not mere preparation, as they crossed the threshold from preparatory acts to direct execution with manifest intent to rape, falling short only of actual penetration. The Court restored the Trial Court's conviction for attempted rape under Section 376(2)(f) read with Section 511 IPC."

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Criminal Law Sexual Offences Attempt to Commit Rape Child Sexual Abuse Criminal Procedure Evidence Mens Rea

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