SUPREME COURT OF INDIA

Before:- K.T. Thomas and R.P. Sethi, JJ.

Criminal Appeal No. 19 of 2001, Arising out of SLP (C) No. 3039 of 2000. D/d. 5.1.2001.

Ramcharan - Appellant

Versus

State of M.P. - Respondent

Indian Penal Code, Section 376 read with Section 511 - Reduction of sentenced - Rape attempted on the victim not succeeding in full measure - Sentence reduced to half of that originally awarded.

[Para 2]

ORDER

K.T. Thomas, J. - Leave granted.

2. The evidence of Dr. Smt G. Saxena (PW 3) shows that the rape attempted on the victim did not succeed in full measure. Hence the conviction must be altered to one under Section 376 read with Section 511 of the Indian Penal Code. We do so. As a corollary, we reduce the sentence to half the period fixed by the High Court i.e. rigorous imprisonment for three years and six months.

3. With the said alteration on the count of conviction and the reduction of the sentence, this appeal is disposed of.

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