Baron Parke J in Towells case1 the circumstances may often be so clearly proved, so closely

connected with it, or leading to one result in conclusion, that the mind may be as well convinced
as if it were proved by eye-witnesses.

Fateh chand v.state of Harayana2 it was held that mere absence of physical injury mark of any
nature on the body of victim could not lead to conclusion that there was not an act of sexual
offence.

Rafique V. state of U.P3 the S.C held that the corroboration as a condition for judicial reliance
on the testimony of the prosecutrix is a matter of law, but a guidance of prudence. That it is not
necessary that the testimony of victim be corroborated by some other evidence.

Attempt to rape is also called a specific intent crime in law; it is an offense distinct from rape and
assault with intent to rape (State v. Hetzel, 159 Ohio St. 350 (Ohio 1953))

Elements that constitute an offense of attempt to rape are different from the elements that
constitute rape and assault with intent to commit rape.

Elements that constitute attempt to rape are:

there must be an overt act (Christensen v. State, 33 Md. App. 635 (Md. Ct. Spec. App.
1976).) ,and
there must be an intention to rape when a defendant commits an overt act(Weaver v.
State, 16 Okla. Crim. 564 (Okla. Crim. App. 1919).)

In order to prove an offense of attempt to commit rape there must be commission of an overt act.
Any overt act beyond mere preparation and in furtherance of intent is sufficient and it does not
require a last proximate act prior to the consummation of sexual intercourse(State v. Muzzy, 190
Ore. App. 306 (Or. Ct. App. 2003).)

1
(1854) 2 C&K 309
2
1981 AIR 559
3
1981 AIR 559
Since intention is a state of mind that can be evidenced only by words or conduct of a person
who is claimed to have entertained it, specific intent to commit rape like any other fact can be
shown by the circumstances(Moody v. Commonwealth, 28 Va. App. 702 (Va. Ct. App. 1998).)

However, the specific intent to commit rape can be inferred from conduct if such intention
follows naturally from the conduct proven. For instance, when the immediate, direct, and
necessary consequences of voluntary acts of an accused points with reasonable certainty to a
specific intent to commit rape, intention is established (Bell v. Commonwealth, 11 Va. App. 530
(Va. Ct. App. 1991).)