LexKOPPULA VENKAT RAO versus STATE OF ANDHRA PRADESH
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A KOPPULA VENKA T RAO v. ST A TE OF ANDHRA PRADESH MARCH I 0, 2004 B [DORAISWAMY RAJU AND ARJJIT PASAYAT, JJ.] Penal Code, J8.60; Ss. 375, 376 and 5J 1: Accused charged with rape of a teenaged girl-Trial Court convicted C the accused holding that since act of ejaculation being the ultimate act of sexual intercourse, it amounts. to rape and actual intercourse immaterial- Afjirmed by High Court but sentence reduced-On appeal, Held: Jn order to ascertain the guilt of offence of rape, Court has to find out whether the accused desired to gratify his passion and intended to do so at all costs D irrespective of resistance from the victim-Surrounding circumstances and relevant material could also throw some light to prove commission of rape- Penetration and not ejaculation is the sine qua non of rape-Jn the light. of evidence of the prosecutrix, offence of attempt to commit rape and not commission of the rape was established against the accused-Conviction and sentence altered accordingly. E Attempt to commit a crime vis-a-vis intention to commit a crime- Distinction between-Discussed Words and Phrases: F 'attempt '-Meaning of in the context of Section 5 J 1 of Penal Code, J860. Accused-appellant and his friends gave lift to the victim, a teenaged girl and her friends, on their bicycles, and witnessed a late night mo.vie. While returning back, the accused made the victim sit on his bicycle. He G rode the bicycle at high speed and stopped near a cattle shed, dragged her to the shed and attempted to rape her. However, before actual intercourse he ejaculated. On hearing some sound he ran away along with his bicyc!e. The victim returned home. Father of the victim approached village elders and they summoned the accused but he did not turn up by H 944 - -- - \ I K.V. RAO v. STATE OF A.P. 945 2 days. FIR was lodged by the father of the victim. Police investigated A the matter and submitted the charge-sheet. Trial Court found accused guilty of committing rape. On appeal, decision of the Trial Court was upheld by the High court. Hence the present appeal. It was contended by the accused appellant that the Courts below did not analyse the evidence in their proper perspective; that the evidence of B PWl and the doctor clearly ruled out the commission of rape on the victim; and that since actual intercourse and not ejaculation is the sine qua non of the offence, no case of rape but at the most a case of attempt to rape could be made out. Partly allowing the appeal, the Court HELD: 1.1. Section 511 IPC is a general provision dealing with attempts to commit offences not made punishable by other specific sections c of IPC. It makes all attempts to commit offences punishable with imprisonment and not only those punishable with death. An attempt is . D made punishable, because every attempt, although it falls short of success, must create alarm, which by itself is an injury, and the moral guilt of the offender is the same as if he had succeeded. Moral guilt must be united to injury in order to justify punishment. As the injury is not as great as if the act had been committed, only half the punishment is awarded. [948-F-GJ E 1.2. Attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence. F An attempt consists in it the intent to commit a crime, falling short of, its actual commission or consummation/completion, if not prevented, would have resulted in th.e full consummation of the act attempted. (949-A-B, G) 1.3. An attempt to commit a crime is to be distinguished from an G intention to commit it, and from preparation made for its commission. Mere intention to commit an offence, not followed by any act, cannot constitute an offence. The will is not to be taken for the deed unless there be some external act which shows that progress has been made in the direction of it, or towards maturing and effecting it. Intention is the direction of conduct towards the object chosen upon considering the H 946 SUPREME COURT REPORTS [2004] 2 S.C.R. A motives which suggest the choice. Preparation consists in devising or arranging the means or measures necessary for the commission of the offence. It dif
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