LAW FOR ALL

Rape - Definition of Rape includes an attempt to Rape - Sec.114 - A of Evidence Act - Presumption as to absence of consent in certain prosecutions of rape - even if there had been a doubt about the medical evidence regarding non rupture of hymen the same would be of no consequence as it is well settled by now that the offence of rape would be held to have been proved even if there is an attempt of rape on the woman and not the actual commission of rape. -Thus, if the version of the victim girl is fit to be believed due to the attending circumstances that she was subjected to sexual assault of rape and the trauma of this offence on her mind was so acute which led her to the extent of committing suicide which she miraculously escaped, it would be a travesty of justice if we were to disbelieve her version which would render the amendment and incorporation of Section 114A into the Indian Evidence Act as a futile exercise on the part of the Legislature which in its wisdom has incorporated the amendment in the Indian Evidence Act clearly implying and expecting the Court to give utmost weightage to the version of the victim of the offence of rape which definition includes also the attempt to rape. = PURAN CHAND .. APPELLANT VERSUS STATE OF H.P. ..RESPONDENT = 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41460