Penal Code, 1860–Secs. 376/511 or 354–Acquittal–Propriety–Attempt to rape–Neither the statements of alleged eye-witness u/s. 161 were recorded nor she was produced before the Court–Prosecutrix stated that the accused undressed her and undressed himself and go on to her and did bad work–She quiet and bowed her head in embarrassment understandably on being repeatedly asking that what bad work was done–Statement of father up to the effect that rape was committed with her, cannot be relied on as he was not eye witness–No medical examination of prosecutrix–Inconsistencies in her statements–Held, evidence proving the offence u/s. 354, however, the offence of attempt of rape could not be proved.
