Trace Your Case

ISSUE:

Whether a lady can be prosecuted for gang rape?

RULE:

The sine qua non for bringing in the application of Section 34 IPC is that the act must be done in furtherance of the common intention to do a criminal act. The expression "in furtherance of their common intention" as appearing in the explanation to Section 376(2) relates to intention to commit rape and a woman cannot be said to have an intention to commit rape.

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