In Brief
The State appealed against a High Court judgment that had modified an accused's conviction from 'attempt to commit rape' under Section 376(2)(f) to 'outraging modesty' under Section 354 IPC. The respondent had lured two minor girls (aged 8 and 9) into his closed house with promises of money, undressed them, and rubbed his genitals against theirs before being interrupted by their crying. The Supreme Court held that these deliberate acts, while stopping short of penetration, constituted an attempt to commit rape, not mere preparation. The Court distinguished between preparation (devising means) and attempt (direct movement towards commission), finding the respondent's conduct exceeded preparation and was reasonably proximate to consummation. The appeal was allowed, the Trial Court's conviction reinstated, and the respondent was ordered to surrender to complete his 5-year sentence."
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