Difference between Rape and Attempt to Rape :-

Difference between rape and attempt to rape Section 354 511 376 ipc
Difference between Rape and attempt to Rape.

● Rape is forced sexual intercourse, including vaginal, anal, or oral penetration. Penetration may be by a body part or an object. Whereas in attempt to rape it is important that it should be reflected on the facts that the person is just about to penetrate if that is reflected it is an attempt to rape. 

Elements that constitute attempt to rape are:
there must be an overt act and,
there must be an intention to rape when a defendant commits an overt act.
Evidence showing an accused person’s voluntary attempt to remove complainant’s clothes to expose his/her private parts would be sufficient to support conviction for attempted rape, even though no further actions were taken to commit an offense of rape.  But it is not mandatory that prosecution must give evidence upon the fact that a defendant touched a victim’s sexual organs or removed clothing.
Sec 376 does not come into picture in the case of attempt to rape. Its different that police authorities do add the same. However, attempt to rape involves Sec 354511 of IPC.

Aman Kumar and Anr. v. State of Haryana MANU/SC/0104/2004 : (2004) 4 SCC 379,  and Tarkeshwar Sahu vs. State of Bihar (now Jharkhand) MANU/SC/4421/2006 : (2006) 8 SCC 560
In both the cited judgments it is held that for the act to constitute offence of rape penetration is prerequisite (this is the pre 2013 Criminal Amendment position of law) and therefore for the offence of attempt to rape the accused must have so advanced in his actions that it would have resulted into rape had some extraneous factors not intervened. 
It is held in Aman Kumar's case that in order to come to the conclusion that attempt to rape is committed it should be shown that the accused was determined to have sexual connection (penetration) with the prosecutrix at all events inspite of all resistance.

BY.   Mr. Yogesh Singh 
                                                                                                                   

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