Priya Patel vs State of M.P. Supreme Court Case

 Priya Patel vs State of M.P. Supreme Court Case

 On 12th July, 2006, a two Judge Bench in Priya Patel vs State of M.P. & Anr. [Criminal Appeal No.754 of 2006] examined the question as to whether a woman can be prosecuted for “gang-rape” under S.376(2)(g), IPC after the High Court had earlier held that if a woman facilitates the act of rape, Explanation-I to S.376(2) comes into operation and she can be prosecuted for “gang rape”. Referring to the Explanation, the Bench held that it “only clarifies that when a woman is raped by one or more in a group of persons acting in furtherance of their common intention each such person shall be deemed to have committed gang rape. That cannot make a woman guilty of committing rape. This is conceptually inconceivable”. It was held that “the expression ‘in furtherance of their common intention’ as appearing in the Explanation to S.376(2) relates to intention to commit rape. A woman cannot be said to have an intention to commit rape” and therefore appellant who was implicated alongwith her husband in a rape case “cannot be prosecuted for alleged commission of the offence punishable under S.376(2)(g).”

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