AMARJEET SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant has been convicted and sentenced under Section 376 read with Section 511 of the Indian Penal Code, Feeling aggrieved he has preferred this appeal.

(2.) The learned counsel for the appellant has taken me through the evidence on the record and has submitted that the prosecution has at the most made out a case only under Section 354 of the Indian Penal Code. According to him, the material on the record does not make it a case of attempted rape. I tend to agree.

(3.) The prosecution version, as it emerges from the statement of the prosecutrix (PW3), and from the statement of her brother Ashwini Kumar, is as under: The appellant was living in the neighbourhood of the prosecutrix. However, he had never visited her house before. On November 27, 1985 at about 10 P.M. while she was alone in her house the appellant came there, bolted the door from inside and tore the salwar which she was wearing. She resisted. She even raised an alarm on which the appellant gagged her mouth and even tried to strangulate her. Luckily, her brother came there. He broke open the door, caught hold of the appellant and gave him a beating. The appellant, however, managed to run away.