[Solved] Give correct response. A girl of 13 years while going to the market passed through the gate of a mill where B was the only watchman on duty. B in a bid to commit rape caught the girl. She struggled but the accused shut her mouth and pressed the thumb of the other hand on her throat to prevent her from screaming. The girl died. The accused was tried for murder. B pleaded intoxication in his defence. It was held that :

Q.	Give correct response. A girl of 13 years while going to the market passed through the gate of a mill where B was the only watchman on duty. B in a bid to commit rape caught the girl. She struggled but the accused shut her mouth and pressed the thumb of the other hand on her throat to prevent her from screaming. The girl died. The accused was tried for murder. B pleaded intoxication in his defence. It was held that :
A.	B was not liable for murder because he never intended to commit murder but intended only to commit rape.
B.	B was not liable because he was so deeply drunk that he was unable to know that what he was doing was either wrong or contrary to law.
C.	B was liable for murder because the capacity of the mind of the accused to form the criminal intent which murder involves was to be explored in relation to the ravishment and not in relation to the violent acts which gave effect to the ravishment.
D.	B was liable for murder because he was voluntarily drunk and voluntary drunkenness is no defence to a charge of murder.
Answer» C. B was liable for murder because the capacity of the mind of the accused to form the criminal intent which murder involves was to be explored in relation to the ravishment and not in relation to the violent acts which gave effect to the ravishment.

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Indian Penal Code (IPC 1860)

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