Woman Can Be Tried for Gang-Rape If She Facilitated the Act, Rules Allahabad High Court
1 year, 10 months ago

Woman Can Be Tried for Gang-Rape If She Facilitated the Act, Rules Allahabad High Court

News 18  

A single judge bench of the Allahabad High Court recently ruled that though a woman cannot commit rape, if she facilitated the act with a group of people, then she may be prosecuted for gang-rape. Section 376-D of the IPC is a distinct and separate offence of gang-rape, according to which, a woman is raped by ‘one or more persons’ constituting a group or acting in furtherance of a ‘common intention’, each of those persons shall be deemed to have committed the offence of rape and shall be punished. The counsel for the accused woman argued that the trial court had wrongly summoned her to face trial as she was a “lady” and, therefore, no case under Section 376-D IPC was made out against her. However, the court opined that though Section 375 IPC & 376 IPC provide that the act of rape can only be done by a ‘man’ and not by ‘any woman’, a woman can be prosecuted under Section 376-D IPC if she helped the other accused persons who did commit the gang rape.

Court Rape Ipc Woman Act  facilitated  court  act  persons  prosecuted  high  gangrape  held  ipc  woman  trial  rules  tried  rape  judge  allahabad

History of this topic

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
1 month ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
2 months, 2 weeks ago

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case

Live Law  

The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to 2009. The court found that the victim appeared to be a consenting party based on the evidence presented during trial. The court also referred to the Apex Court's judgment in Shailendra Rajdev Pasvan v. State of Gujarat, (2020), which …

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court
10 months, 1 week ago

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court

Live Law  

A Delhi Court has observed that women who misuse the law to falsely implicate any individual of rape should be dealt with strictly. Additional Sessions Judge Jagmohan Singh of Rohini Courts made the observation while acquitting three men in a gang rape and kidnapping case, observing that the prosecutrix's conduct was highly unnatural and belied her story. “In the considered …

Rajasthan: Around 20 Women Gang-raped on Pretext of Jobs in Anganwadi, Case Against Two
10 months, 4 weeks ago

Rajasthan: Around 20 Women Gang-raped on Pretext of Jobs in Anganwadi, Case Against Two

News 18  

In a shocking incident from Rajasthan, around 20 women were allegedly gang-raped on the pretext of employment opportunities in Anganwadi. A case of gang rape was filed against the chairperson of the Sirohi Municipal Council in Rajasthan, Mahendra Mevada, and the former municipal council Commissioner, Mahendra Choudhary. According to an India Today report, they have been accused of gang rape …

Can women be accused of rape? Supreme Court to examine
1 year, 1 month ago

Can women be accused of rape? Supreme Court to examine

India Today  

The Supreme Court on Friday agreed to examine whether women can be accused of rape under Section 375 of the Indian Penal Code. Currently, the law in question begins with “A man is said to commit ‘rape’â€æ” and subsequently outlines various conditions under which a man can be accused of rape by a woman. While hearing a plea by a …

Woman arrested in Gurugram for trying to retract rape case for money
1 year, 2 months ago

Woman arrested in Gurugram for trying to retract rape case for money

Hindustan Times  

A 40-year-old woman was arrested for allegedly trying to extort money from a transporter after getting his employee booked in a rape case, police said on Monday. They said in the meanwhile, the woman allegedly told the transporter that she will withdraw the rape case against his driver if he pays her ₹50,000; else she will proceed with the case …

Girl Gang-Raped by Five Men For 20 Days in UP; Accused Absconding
1 year, 2 months ago

Girl Gang-Raped by Five Men For 20 Days in UP; Accused Absconding

News 18  

A 19-year-old woman was allegedly kidnapped and gang-raped by five men for 20 days here, police said on Monday. In her complaint, the survivor said the accused were supported by two women – Saira Begum and Zeba Khan. Circle officer Jitendra Kumar Sargam said, “A woman levelled allegations of abduction and gang-rape against seven people, and after initial investigation, we …

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 3 months ago

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation

Live Law  

The Calcutta High Court has refused to grant bail to the petitioners, accused of gang-rape by the victim who alleged that she was attacked at the birthday party of one of the accused. Earlier, a division-bench of Justice Joymalya Bagchi and Justice Gaurang Kanth had taken serious exception to the police’s actions in harassing the victim, and the petitioner’s attempts …

Allahabad HC rules woman facilitating rape can be charged with gang rape
1 year, 10 months ago

Allahabad HC rules woman facilitating rape can be charged with gang rape

Op India  

The Allahabad High Court has held that although a woman cannot commit the crime of rape, she may be charged with “gang rape” if she facilitated the act of rape with several individuals. The defense attorney for the accused woman said that since she was a lady and no case under Section 376-D IPC was established against her, the trial …

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry
2 years ago

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry

Live Law  

The Allahabad High Court recently denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her. It may be noted the accused-Pintu Kumar has been accused of luring the victim, a physically challenged lady having no legs, to have sex with him by extending a false promise to …

Three held for rape, illegal confinement in K’taka: Police
2 years, 2 months ago

Three held for rape, illegal confinement in K’taka: Police

Hindustan Times  

The Ramanagara woman police have arrested three persons on charges of rape and illegal confinement, said a police official familiar with the incident, in Mysuru on Sunday. The action was taken after the incident of a 19-year-old girl being raped by the owner of an orphanage for three months came to light on Saturday. During the victim’s stay, Preethi’s brother …

Woman allegedly gang-raped by Railway employees at Delhi station, 4 arrested
2 years, 5 months ago

Woman allegedly gang-raped by Railway employees at Delhi station, 4 arrested

India TV News  

Highlights 30-year-old woman was allegedly gang-raped by 2 Railway employees. Delhi gang-rape case: In a shocking incident, a 30-year-old woman was allegedly gang-raped by 2 Railway employees at the New Delhi Railway Station, while two others facilitated the act by guarding the door of the room she was raped in. The accused worked in the Electrical Department, and the alleged …

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict
2 years, 7 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu  

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl
2 years, 8 months ago

"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl

Live Law  

The Allahabad High Court recently denied bail to a 62-year-old person accused of raping a 3-year-old girl as it noted that prima facie it was evident that the accused had committed an inhuman act of rape on a 3-year-old minor girl.The Bench of Justice Saurabh Shyam Shamshery also noted that the 3-year-old victim girl had narrated her ordeal in words …

"Justice Isn't For Accused Only; It Must Be Done To Victim Also": Allahabad HC Dismisses Gang-Rape Accused Case Transfer Plea
2 years, 8 months ago

"Justice Isn't For Accused Only; It Must Be Done To Victim Also": Allahabad HC Dismisses Gang-Rape Accused Case Transfer Plea

Live Law  

"Justice is not for the accused only, justice should also be done with the victim," remarked the Allahabad High Court as it dismissed 3 pleas filed by gang-rape accused seeking transfer of their trial from Jhansi District to any other district.The Bench of Justice Anil Kumar Ojha observed that if a case is transferred, it will add insult to the …

Rape One Of The Most Barbaric Crimes Against Woman's Holy Body & Soul Of Society: Delhi HC Upholds Conviction Of 3 Of 6 Accused In Gang Rape Case
2 years, 10 months ago

Rape One Of The Most Barbaric Crimes Against Woman's Holy Body & Soul Of Society: Delhi HC Upholds Conviction Of 3 Of 6 Accused In Gang Rape Case

Live Law  

Observing that rape is one of the most barbaric crimes committed against the holy body of a woman and soul of the society, Delhi High Court has upheld conviction and sentence of three accused persons in connection with a gang rape case. "The Courts while trying an accused on the charge of rape, must deal with the case with utmost …

"Boyfriend Remained Silent Spectator When His Beloved Was Brutally Sexually Assassinated": Allahabad HC Denies Bail In Gang-Rape Case
3 years, 2 months ago

"Boyfriend Remained Silent Spectator When His Beloved Was Brutally Sexually Assassinated": Allahabad HC Denies Bail In Gang-Rape Case

Live Law  

The Allahabad High Court recently denied bail to a person accused of gang-raping his girlfriend, along with three other persons noting that he remained silent spectator when co-accused persons were brutally sexually assassinating his beloved in front of him. Unfortunately, it was further argued, when the victim was busy in that act, remaining co-accused persons also reached on the spot …

Young woman gang-raped by two men in UP's Muzaffarnagar
3 years, 3 months ago

Young woman gang-raped by two men in UP's Muzaffarnagar

India Today  

A 22-year-old woman was gang-raped by two youths and the ordeal was also recorded on a mobile phone in a village under Bhopa police station here, police said on Saturday. On the pretext of securing her a house under the Pradhan Mantri Awas Yojana, the survivor was induced into going with Yogesh Kumar and Bablu to an agricultural field where …

'Sex with wife, even if by force, not rape': Chhattisgarh High Court
3 years, 4 months ago

'Sex with wife, even if by force, not rape': Chhattisgarh High Court

Op India  

The Chhattisgarh High Court has upheld a man’s acquittal on charges of marital rape, ruling that sexual intercourse between legally married men and women is not rape, even if it is forced or against the wife’s wishes. During the hearing of the case pertaining to the issue of “marital rape”, the Chhattisgarh High Court observed that if the wife is …

Gang Rape- "Traditionally Women Are Unsecured, Deprived Of Equal Rights & Tyrants Take Undue Advantage Of It": Allahabad HC Denies Bail
3 years, 5 months ago

Gang Rape- "Traditionally Women Are Unsecured, Deprived Of Equal Rights & Tyrants Take Undue Advantage Of It": Allahabad HC Denies Bail

Live Law  

Observing that in villages, towns, and semi-urban areas, there is no effect of women's awakening going on for centuries but traditionally women are unsecured, deprived of equal rights, deprived of the right to redress injustice, the Allahabad High Court recently denied bail to two gang rape accused. The Bench of Justice Vikas Kunvar Srivastav also made a mention of the …

Can't Take Cognizance Of Rape Accused Willingness To Marry Victim While Hearing Bail Plea: Allahabad High Court
3 years, 6 months ago

Can't Take Cognizance Of Rape Accused Willingness To Marry Victim While Hearing Bail Plea: Allahabad High Court

Live Law  

The Allahabad High Court on Tuesday declined to take into account the statement of a Rape accused that he was willing to marry the rape victim while hearing his bail plea. The AGA also submitted that in the light of the law laid down in the case of Gold Quest International Private Limited vs. State of Tamil Nadu and Others; …

UP: Gang-rape survivor alleges rape by sub-inspector in police station
4 years ago

UP: Gang-rape survivor alleges rape by sub-inspector in police station

India TV News  

A woman, who was allegedly gangraped by five men, has claimed that she was raped again by a police sub-inspector when she went to a police station to file a complaint. The 35-year-old woman, who went to the Jalalabad police station to file her complaint, said the sub-inspector took her to an adjoining room on the pretext of filing her …

Rape-Marriage Promise Can't Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court
4 years ago

Rape-Marriage Promise Can't Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court

Live Law  

The Bench of Justice Vibhu Bakhru dismissed the appeal impugning a judgment dated 24.03.2018 of Trial Court, whereby the accused was acquitted of the offences for which he was charged – offences punishable under Section 417/376 of the Indian Penal Code, 1860. The prosecution's case rested almost entirely on the statements and the testimony of the complainant and after analysing …

"Reckless And Ill Founded Allegations Against A Woman Who is Not A Party": Allahabad High Court Dismisses Plea Against Alleged Sex Racket
4 years, 1 month ago

"Reckless And Ill Founded Allegations Against A Woman Who is Not A Party": Allahabad High Court Dismisses Plea Against Alleged Sex Racket

Live Law  

The Allahabad High Court on Thursday strongly reprimanded a writ Petitioner for disclosing the identity of a woman, both to the Police and in the judicial proceedings, allegedly involved in a sex racket. Even otherwise we are of the view that minimum standard of decency demands that identification of a woman is not required to be disclosed, in a fashion …

Allahabad HC Reprimands Gang-Rape Victim's Mother For False Affidavit Alleging Detention Of Daughter By Local Police [Read Order]
4 years, 2 months ago

Allahabad HC Reprimands Gang-Rape Victim's Mother For False Affidavit Alleging Detention Of Daughter By Local Police [Read Order]

Live Law  

The Allahabad High Court on Wednesday reprimanded the mother of a gang-rape for falsely alleging the detention of her daughter by the local police. The bench of Justices Shashi Kant Gupta and Pankaj Bhatia had on Tuesday taken cognisance of the alleged detention of the gang-rape victim in a police station, purportedly from a day after the court had pulled …

Section 376 R/w 511 IPC: Offence Of Attempt To Rape Can Be Attracted Even If Accused Had Not Undressed Himself: SC [Read Judgment]
5 years, 1 month ago

Section 376 R/w 511 IPC: Offence Of Attempt To Rape Can Be Attracted Even If Accused Had Not Undressed Himself: SC [Read Judgment]

Live Law  

The Supreme Court upheld conviction of a man under Section 376 read with Section 511 of the Indian Penal Code for attempt of rape of a woman. In the appeal, the contention raised on behalf of the accused was that, since he did not committ any overt act such as; any attempt to undress himself in order to commit the …

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