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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Criminal LawSupreme Court of India

State of Madhya Pradesh v. Mahendra @ Golu

Criminal Appeal · 2021 INSC 665Decided 25 Oct 2021
Criminal Appeal No. 1827 of 2011
Justice Surya Kant · Justice Hima Kohli

Background

The respondent lured two minor girls, aged about 8 and 9, into his empty house on the pretext of giving them money, locked the doors, undressed them, and rubbed his genitals against theirs, stopping short of actual penetration when the girls began crying. The trial court convicted him of attempted rape, but the Madhya Pradesh High Court downgraded this to the lesser offence of outraging a woman's modesty (Section 354 IPC), reasoning that his conduct amounted only to "preparation," not an "attempt." The State appealed to the Supreme Court to restore the original conviction.

Decision Breakdown

The Supreme Court explained that "preparation" ends and "attempt" begins once the accused takes direct, deliberate steps towards actually committing the offence. It found that luring the children inside, locking the doors, undressing them and himself, and physically rubbing his genitals against theirs went well beyond mere preparation: these were direct steps towards rape that failed only because the children's crying interrupted him. The Court held this squarely met the standard for "attempt" to commit rape, restored the trial court's conviction under Section 376(2)(f) read with Section 511 IPC, and directed the respondent to surrender and serve out his original sentence.

Lesson Learnt

In law, there is a meaningful difference between merely "preparing" to commit a crime and actually "attempting" it, once an accused takes direct, deliberate action toward completing a sexual assault (not just planning or setting the stage), courts will treat it as a punishable attempt even if the offence itself was not completed.

State of Madhya Pradesh v. Mahendra @ Golu – Legal Case Shots | LegalAware