INGREDIENTS THAT SHOULD BE SEEN CONCERNING ALLEGATIONS OF THE ALLEGED RAPE: MEGHALAYA HIGH COURT

A complainant registered a case against the appellant under section 376 and 511 of the Penal Code, 1860. The complainant stated that while she was walking home, the appellant came by his car- offered to drop the complainant home, and started to walk with her. The appellant started nudging her, and when resisted by the victim, he rammed her on the ground,  threatened her not to inform anybody, and left.

After the trial court held the appellant guilty, he filed an appeal in the High Court. The Hon’ble Meghalaya High Court - Justice W. Diengdoh, after analyzing the evidence, ruled that there should be an intention to commit rape, preparation to commit rape, and commit the act in order to allege anybody u/s 376 r/w to sec 511 IPC.

In this present case, there is no material to prove that the appellant prepared to commit the crime, and hence the court acquitted the accused of charges u/s 376 r/w section 511.

Author: Shweta Singh