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The top court made this observation while upholding the convictions of individuals found guilty in a gang rape case
Supreme Court Of India (Representative image)
The Supreme Court has said that, in gang rape convictions, it is not necessary to prove that each accused committed the act of rape individually, stating that an act by even one is enough, provided it was carried out with shared intent.
The top court made this observation while upholding the convictions of individuals found guilty in a gang rape case on Thursday.
Delivering the judgment, a division bench of Justice Sanjay Karol and Justice KV Viswanathan said that under Explanation 1 to Section 376(2)(g) of the Indian Penal Code, even if the rape was committed by only one person, all involved would be held guilty if they had acted in furtherance of a common purpose.
“It is very clear that in a case of gang rape under Section 376(2)(g), an act by one is enough to render all in the gang for punishment as long as they have acted in furtherance of the common intention,” the court stated
The top court further stated that common intention is implicit in the charge of gang rape and what is needed is proof of shared intent, Live Law reported.
“If rape had been committed by even one, all the accused will be guilty irrespective of the fact that she had been raped by one or more of them and it is not necessary for the prosecution to adduce evidence of a completed act of rape by each one of the accused,” the further clarified.
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