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The bench accordingly set aside the conviction under Section 376 IPC and substituted it with a conviction for attempt to commit rape under Section 511 read with Section 376 IPC. The sentence was adjusted in accordance with the prescribed penalty for the offence of attempt, reflecting the reduced culpability.

This decision underscores the evidentiary burden placed on the prosecution in rape cases to demonstrate penetration. It reaffirms judicial adherence to the statutory definition of rape and cautions against reliance solely on incidental biological traces absent direct proof of the essential element of penetration.

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The ruling also highlights the importance of a comprehensive medical examination and timely collection of forensic samples in sexual offence investigations. Where such evidence is lacking or inconclusive, courts may be inclined to treat the allegation as an attempt rather than a completed offence, as illustrated in the present judgment.

By altering the conviction, the Sikkim High Court has clarified the limits of circumstantial evidence in rape prosecutions and reinforced the principle that conviction must rest on proof of each ingredient of the offence beyond reasonable doubt.

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