Case Facts:
Patna High Court Cr.Misc. No.2498 of 2011 (2) dt.27-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2498 of 2011 ====================================================== Naaz Parveen daughter of Ehshan Ahmad, resident of village-Jhirwa, P.S.- Uchakagaon, District-Gopalganj. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Bardhan Pandey & Rajeev Kumar For the Opposite Party/s : Mr. Dr. Mayanand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 27-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved that the cognizance has not been taken under [STATUTE] . According to the petitioner, the narration of facts shows that the accused persons have committed rape on the petitioner. Learned counsel for the State has pointed out that there is no such averment in the written complaint made by the complainant. In this view of the matter, this Court does not find any error in the order dated 28.9.2010 by which the court below has taken cognizance under Section 354/34. This petition is, accordingly, dismissed. However, if evidences will come before the court below, it will pass an order in accordance with law. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 511

Statute Text:
Section 511 of the Indian Penal Code. Attempting to commit offences punishable with imprisonment for life, or imprisonment, and in such attempt doing any act towards the commission of the offence. Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.