GUWAHATI: The Supreme Court has held that in a gang rape case, if the accused acted with a common intention, the act of penetration by even one person is sufficient to convict all involved. This ruling was passed after the court reaffirmed that collective liability applies in gang rape cases under Section 376(2)(g) of the Indian Penal Code.
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A bench of Justices Sanjay Karol and KV Viswanathan observed that common intention is implicit in the charge of gang rape and that evidence of acting in concert suffices to attract joint liability. The observation came while upholding the conviction of a man for the abduction, confinement and gang rape of a woman in Madhya Pradesh in June 2004.
The incident took place when the survivor was returning from a wedding ceremony and was abducted. She was later confined at multiple locations and raped by two men—Jalandhar Kol and the appellant, Raju. The trial court sentenced Raju to life imprisonment and Kol to ten years. The Madhya Pradesh High Court also upheld the verdict, which prompted Raju to approach the Supreme Court.
Although the first information report did not mention rape by Raju, the survivor's testimony clearly stated that both men had raped her. The Supreme Court, in its response, noted that even if penetration by Raju could not be conclusively proved, his participation and common intention made him liable under the gang rape provision.
However, the court set aside his conviction under Section 3(2)(v) of the SC/ST Act, citing a lack of evidence linking the crime to caste identity. It also criticised the use of the two-finger test during medical examination, terming it “inhuman and degrading.”
Taking note of the parity in sentencing, the court reduced Raju’s sentence from life imprisonment to ten years, while his convictions under Sections 366, 342, and 376 IPC were upheld.