Gang Rape

Tuesday, June 20, 2017

Explanation I to section 376(2)(g) of IPC defines gang rape–as where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed rape within the meaning of meaning of this sub-section.


In Pramod Mahto V. State of Bihar (1987) 2 SCC 27 four persons forced entry into a house and were charged with raping a young unmarried girl. Medical evidence supported the fact of rape. The conviction of all of them was upheld without it being necessary to show whether all of them or who among them participated in the crime.

 

The Court observed:
“This Explanation has been introduced by the legislature with view to effectively deal with growing menace of gang rape. In such circumstances, it is not necessary that the prosecution should adduce clinching proof of a completed act or rape by each one of the accused on the victim or on each one the vicitim where there are more than one in order to find the accused guilty of gang rape and convict them under section 376 of IPC".

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