Penal Code, 1860 – Ss. 354, 376 (2) (f) r/w. 511 – Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 – Distinction between ‘attempt’ to commit an offence or mere ‘preparation’ thereof – Difference between
'Attempt and preparation’ in a rape case.
What constitutes an `attempt’ is a mixed question of law and facts. ‘Attempt’ is the direct movement towards the commission after the preparations are over. It is essential to prove that the attempt was with an intent to commit the offence. An attempt is possible even when the accused is unsuccessful in committing the principal offence. Similarly, if the attempt to commit a crime is accomplished, then the crime stands committed for all intents and purposes. [Para 20]