IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.Rev.Pet.No. 3985 of 2007() ------------------------------ SC.324/2005 of ADDL. SESSIONS COURT (ADHOC)-II, PALAKKAD .................... REVN. PETITIONER: ACCUSED ------------------------- M.MUHAMMED @ KOCHAPPA, S/O. MOIDU MUSLIYAR, MEKKADAN HOUSE, ALANELLUR. BY ADV. SRI.P.VIJAYA BHANU SRI.PRASUN.S RESPONDENTS: COMPLAINANT - STATE -------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 3985 of 2007 * * * * * * * * * * * * * * * * * * Dated: 27-06-2008 ORDER Petitioner who is the accused in S.C. 324 of 2005 on the file of the Addl. Sessions Judge, Fast Track Court II, Palakkad for offences punishable under Sections 342, 511 of 376 and 506 (ii) of I.P.C. challenges the order of framing the charge by the trial court on 25- 08-2007. 2. The learned counsel for the petitioner submits that since there was no attempt to penetrate the private part of the victim, the offence under Sec. 511 of 376 cannot be made out. I cannot agree. An attempt to effect vulval penetration may even amount to rape as held by the Apex Court in 2007 (3) KLT 218 The petitioner who was the Arabic teacher of the victim aged 12 years after sending away her friends made her lie on a bench and forcibly removed her underwear and laid on her body. The statement of the victim also is to that effect and the girl had sustained an in jury in the private part. Of course, the question as to whether the offence alleged is proved or not is different. It is only if evidence in support of the above allegation is eventually given before the court can the court come to -:2:- the appropriate finding as to whether an attempt to commit rape was committed or what was committed was only an offence punishable under Sec. 354 I.P.C. It is too early to hold that Sec. 511 of 376 is not made out. The petitioner may stand trial uninfluenced by the observations and finding both the impugned order as well as in the order of this Court. This Crl. R.P. is dismissed. V. RAMKUMAR, (JUDGE) ani.