HomePriya Patel v. State of M.P (2006 CrLJ 3627)

Facts

When the prosecutrix reached the railway station on returning from her sports event, the accused told her that he was told by her father to pick her up. Consequently, he took her to his house and raped her. At this time, the appellant who is the wife of the accused came to the room on which the prosecutrix begged her to help her. But the appellant slapped her instead and left the room. The appellant is now charged under Section 376(2)(g) for gangrape along with her husband.

Issue

Whether a woman can be prosecuted for committing gangrape?

Rule

Section 376(2)(g) IPC, Section 34 IPC.

Analysis

The Court asserted that only a man can commit rape as that is clearly mentioned in section 375 IPC. The Court says that common intention requires a ‘pre-arranged’ plan and meeting of minds between the persons. The Court observed that the explanation under Section 376(2)(g) signifies that when there is more than one person and there is common intention, the common intention here would be the intention to commit rape. And since, a woman cannot commit rape, the Court held that it is not possible for a woman to have common intention with others in case of gangrape.

Conclusion

The appellant could not be charged under Section 376(2)(g) and thus, the appeal was allowed.

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