Section 376(2)(g) of the Indian Penal Code prescribes punishment for gang rape
NEW DELHI: The Supreme Court has upheld the convictions of individuals found guilty of gangrape, ruling that if even one person in a group commits a penetrative act, all others sharing a common intention can also be held liable under gangrape charges.
A two-judge bench comprising Justices Sanjay Karol and K.V. Viswanathan observed: “It is very clear that in a case of gang rape under Section 376(2)(g), an act by one is sufficient to render all members of the group liable for punishment, provided they acted in furtherance of a common intention. Furthermore, common intention is implicit in the charge under Section 376(2)(g) itself, and the only requirement is evidence establishing the existence of such intention.”
Section 376(2)(g) of the Indian Penal Code prescribes punishment for gang rape. In its verdict delivered on Thursday, the apex court cited this provision, which states that when a woman is raped by one or more persons in a group acting with common intention, each person shall be deemed to have committed gang rape under this subsection.
The court reiterated: “In view of this, it is very clear that in a case of gangrape under Section 376(2)(g), an act by one is enough to render all members of the group punishable, as long as they acted in furtherance of the common intention.”
Referring to the facts of the case, the bench stated: “As is evident from the sequence of events—the abduction of the victim, her wrongful confinement, and her testimony of being sexually assaulted — the ingredients of Section 376(2)(g) are clearly fulfilled. The appellant, Raju alias Umakant, along with co-accused Jalandhar Kol, acted in concert and with a common intention to sexually assault the prosecutrix.”
