KOPPULA VENKAT RAO versus STATE OF ANDHRA PRADESH

KOPPULA VENKAT RAO versus STATE OF ANDHRA PRADESH

Penetration, not ejaculation, is the sine qua non of rape under Section 375 IPC; as penetration was not established, the accused is found guilty of attempt to commit rape under Section 376/511 IPC, not rape under Section 376 IPC.

Parties
Appellant: Koppula Venkat Rao; Respondent: State of Andhra Pradesh
Jurisdiction
India
Judgment Date
10 March 2004
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence Under Section 376 Ipc, Disposition by Supreme Court
Outcome
Conviction altered from rape to attempt to commit rape; sentence reduced.
Legal Topics
Rape, Attempt to Commit Rape, Indian Penal Code Section 375, Indian Penal Code Section 376, Indian Penal Code Section 511
Criminal Law Rape Attempt to Commit Rape Indian Penal Code Section 375 Indian Penal Code Section 376 Indian Penal Code Section 511

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Parties

Koppula Venkat Rao

Appellant

State of Andhra Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence Under Section 376 Ipc, Disposition by Supreme Court

Legal Issues

  1. 1 Whether ejaculation without penetration amounts to rape under Section 375/376 IPC
  2. 2 Distinction between attempt to commit rape and commission of rape under IPC
  3. 3 Interpretation of 'sexual intercourse' and 'attempt' under IPC

Ratio Decidendi

Penetration, not ejaculation, is the sine qua non of rape under Section 375 IPC; as penetration was not established, the accused is found guilty of attempt to commit rape under Section 376/511 IPC, not rape under Section 376 IPC.

Court Disposition

Conviction altered from rape to attempt to commit rape; sentence reduced.

Orders

  • Conviction altered from Section 376 IPC to Section 376/511 IPC.
  • Custodial sentence reduced to 3.5 years rigorous imprisonment.