Supreme court The Supreme Court on Monday set aside a decision of the Madhya Pradesh High Court clarifying the distinction between ‘preparation’ and ‘attempt’ to commit an offense under the law. In 2005, the High Court acquitted a man of the felony charge of attempt to rape two minor girls. The Supreme Court set aside the verdict and ordered the accused to surrender in jail immediately. The Supreme Court in its judgment discussed in detail the conditions for the offence, ‘preparation’ and ‘effort’.
The Supreme Court held that an attempt to commit an offense includes intent and a “moral offence”. Attempt of crime is equally dangerous for the society. Its impact on social values is no less than the actual crime.
This decision of the Supreme Court has come on an appeal of the Madhya Pradesh government. The Supreme Court termed the decision of the MP High Court as “erroneous”. The High Court had acquitted one of the accused of the felony charge of attempt to rape two girls aged eight and nine, saying he had only made preparations. The High Court, in its judgment, had held that the accused had not attempted to rape the minors.
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