'Rape by one can implicate all if there's...common intention': SC
What's the story
The Supreme Court has upheld the convictions of accused persons found guilty of gang rape, dismissing their argument that they did not personally commit any acts of penetration. The court clarified that under Explanation 1 to Section 376(2)(g) of the Indian Penal Code (IPC), even if one perpetrator commits a penetrative act, all others with a common intention can be implicated in gang rape.
Legal reference
Precedent cited in ruling
The bench of Justices Sanjay Karol and KV Viswanathan relied on Ashok Kumar vs. State of Haryana (2003) 2 SCC 143. The court said, "It is very clear that in a case of gang rape under Section 376(2)(g), an act by one is enough to render all in the gang for punishment as long as they have acted in furtherance of the common intention."
Interpretation
Court's clarification on common intention
In the Ashok Kumar case, the court clarified, "If rape had been committed by even one, all the accused will be guilty irrespective of the fact that she had been raped by one or more of them." "And it is not necessary for the prosecution to adduce evidence of a completed act of rape by each one of the accused."
Conviction upheld
Defendants' argument rejected by trial court
The accused had been booked for actively participating in the kidnapping and confinement of the victim, which resulted in her rape. They contended that since they hadn't committed any penetrative act, they couldn't be held guilty of gang rape. However, both the trial and the high court dismissed the argument and convicted the accused of gang rape. They then moved the SC to challenge the conviction.
Final ruling
Supreme Court affirms conviction in gang rape case
Maintaining the earlier findings, Justice Viswanathan said, "In this case, as is clear from the sequence of events, the abduction of the victim, her wrongful confinement, her testimony about being subjected to sexual assault clearly points to the fact that the ingredients of Section 376(2)(g) are squarely attracted." "The appellant herein along with Jalandhar Kol (main accused) acted in concert and with a common intention to sexually assault," he said.