Penal Code, 1860–Secs. 376(2)(f) & 511–Conviction under–Altered by High Court u/s. 354–Justification–Evidence of case reveals that the respondent-accused committed the deliberate overt steps to take the minor girls inside the house, closing the doors, undressing the victims and rubbing his genitals on those of prosecutrices–When they started to cry, he could not succeed in his penultimate act–If he could have succeeded in penetration, even partially, his act would have fallen within the contours of rape–His acts exceeded to the stage beyond preparation and preceded the actual penetration, trial Court rightly hold him guilty for the offence u/ss. 511 r/w. 375–Impugned findings of High Court are liable to be set aside.
