VidhiSangh

Supreme Court of India · 25/10/2021

STATE OF MADHYA PRADESH versus MAHENDRA ALIAS GOLU

[2021] 10 S.C.R. 133 · 2021 INSC 665

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court restored the trial court’s conviction for attempted rape of two children under the IPC provisions applicable to the 2005 incident. The proved conduct had moved beyond preparation into deliberate acts reasonably proximate to completion of the offence. The victims’ reliable testimony was not undermined by a minor exaggeration in another child witness’s account. The High Court’s substitution of a Section 354 conviction was reversed, and the accused was directed to surrender to serve the remaining sentence.

Issues

  1. Whether the proved conduct amounted to attempted rape rather than preparation under the pre-2013 IPC provisions.
  2. Whether the asserted discrepancy in another child witness’s evidence undermined the victims’ testimony.

Provisions considered

Held

Result

State appeal allowed; High Court judgment set aside and trial court judgment restored. Accused directed to surrender within two weeks to serve the remaining sentence; on failure, police directed to arrest him and submit a compliance report.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 133.