.... Punishment for rape.—(1)***(2) Whoever,—(g) commits gang rape,shall be punished with rigorous....5. On the other hand, Ms Kamini Jaiswal, learned counsel for the State submitted that the accused-appellant, although had not actually committed rape on the prosecutrix, was rightly...common intention, rape was committed. Thus, the submission of the learned counsel for the State is that by virtue of Explanation 1 to Section 376(2)(g) IPC, all members of a group would be liable for...

...the investigating officer to get her clothes or not, is again not a matter of great significance. Section 376(2)(g) of the Code reads as under:“376. Punishment for rape.—(1)***(2) Whoever,—(a)-(f)***(g) commits gang rape...provides for a minimum punishment of 10 years, the accused were gravely prejudiced.(8) The delay in lodging the first information report has not been satisfactorily...21-11-1994. She was sent to the hospital for medical examination. Indisputably, the prosecutrix did not suffer any injury. For the purpose of proving commission of the offence of rape, however, the...

...against the appellant is under Section 376 (2)(g), which reads as under:- "376. Punishment for rape.- (2) Whoever,- (g) commits gang rape...) 23. In view of this, 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...only mentioned about rape by 12 Jalandhar also does not enure to the benefit of the appellant. We say so for the...

...offence of gang rape which is 10 years' RI, though the appellants had been awarded 7 years' RI. The consideration which prevailed with the High Court for imposing lesser punishment had been as under...would be present on a common path waiting for the prosecutrix to approach with an intention to commit rape on her;(e) Further, that the prosecutrix admitted that Pinta.... That could not be a ground for false implication of the appellants in a case of rape. In fact it had been a case of giving evidence in a case of accident of the tractor of Karam Chand, appellant...

...disrobe. 20. 376 Punishment for rape. 376(2)(g) Punishment for rape committed during communal or sectarian violence. 376-A Punishment for causing death or resulting in persistent vegetative state of victim. 376-C Sexual intercourse by a person in authority. 376-D Gang rape...and outraging of modesty:Sl No Crime Section of Law (IPC) No of cases (i) Murder 302/304 - Murder 72 (ii) Rape 376/376D - Rape/Gang rape 3 (iii...escape punishment for their crimes if they are a member of a larger group. In time of sectarian violence, mobs use sexual violence to send a message of subordination to the community that the victims or...

...criminal force to woman with intent to disrobe. 20. 376 Punishment for rape. 376(2)(g) Punishment for rape committed during communal or sectarian violence. 376-A Punishment for causing death or resulting in persistent vegetative state of victim. 376-C Sexual intercourse by a person in authority. 376-D Gang rape...) Murder 302/304 – Murder 72 (ii) Rape 376/376D – Rape/Gang rape 3 (iii) Murder and Rape 302/304...Constitution. Mobs commonly resort to violence against women for multiple reasons, including the fact that they may escape punishment for their crimes if they are a member of a larger group. In time of...

...(g) commits gang rape,shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:”17. One of the categories which attracts more stringent punishment is...-section (2) of Section 376 makes some special cases of rape punishable with more stringent punishment. Sub-section (2) of Section 376 reads as follows:“376. (2) Whoever...established by or under any law for the time being in force or of a women's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place...

...Arijit Pasayat, J.— Leave granted.2. Can a lady be prosecuted for gang rape is the interesting question involved in this appeal...) comes into operation and she can be prosecuted for “gang rape”.5. According to the learned counsel for the appellant the High Court has clearly missed the essence of...Sections 375 and 376 IPC. It was submitted that as the woman cannot commit rape, she cannot certainly be convicted for commission of “gang rape”, and Explanation I to Section 376(2) IPC has no relevance...

...P. Sathasivam, C.J— This Court, based on the news item published in the Business and Financial News dated 23-1-2014 relating to the gang-rape of a 20-year-old woman of Subalpur Village, PS Labpur, District Birbhum, the State of West Bengal on the intervening night of 20-1-2014/21-1-2014 on the orders of community panchayat as punishment for having...requisite material, on 13-3-2014 WP (Cri) No. 24 of 2014, we heard the learned amicus as well as Mr Anip Sachthey, learned counsel for the State of West Bengal extensively and reserved the matter...also no justification for his presence there. Further, he stressed on the point that Section 154 of the Code requires such FIR to be recorded by a woman police officer or a woman officer and...

...is as under:“376. Punishment for rape.—(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for...twelve years of age; or(g) commits gang rape,shall be punished with rigorous imprisonment for a term which shall not be less than...the above provision shows that the legislative mandate is to impose a sentence, for the offence of gang rape, for a term, which shall not be less than 10 years, but it may extend to life and shall also...

...gang rape, threat of making video of rape recorded viral and extortion which came to be registered for the offences punishable under Section 376D, 384 and 506 of the IPC read with Section 326...stated that all the accused persons have committed gang rape and same has been reiterated in her deposition which has remained unshattered and therefore, prima facie, case for conviction has been made...course of investigation of the FIR registered for gang rape, it was found that entries maintained at Hotel Samleti Palace, relevant to the date of incident was specifically missing; the CCTV cameras at...

...Deepak Verma, J.— A minor girl aged about twelve years was subjected to rape by the appellant on 14-10-1988. The appellant was charged and prosecuted for commission of the...rape on the prosecutrix. According to him, the appellant was caught red-handed. In his cross-examination conducted by learned counsel for the appellant, which is more suicidal, PW 3 has deposed that both...are.18. Thus, in a case of rape, the testimony of a prosecutrix stands on a par with that of an injured witness. It is really not necessary to insist for corroboration...

...Arijit Pasayat, J.— Enhancement of sentence from four years' RI as awarded by the trial court to 10 years as done by the Himachal Pradesh High Court for an offence of rape...-section (2) of Section 376 IPC as the case was one of gang rape. It was observed that not only the said Explanation 1 but also the provisions of Section 114-A of the Indian Evidence Act, 1872...rape under sub-sections (1) and (2). Sub-section (2)(g) of Section 376 refers to gang rape, Explanation 1 by a deeming provision makes everyone in a group of persons acting in furtherance of their common...

....376. Punishment for rape.—(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a....(2) Whoever,—(g) commits gang rape,shall be punished with rigorous imprisonment for a term which shall not be less than ten years...serious cases of rape as enumerated therein attract more severe punishment. One of them relates to ‘gang rape’. The language of sub-section (2)(g) provides that whoever commits ‘gang rape’ shall be...

...Business and Financial News dated 23-1-2014, in Re (2014) 4 SCC 786, this Court was dealing with a suo motu writ petition relating to the gang-rape of a women under orders of a community panchayat as punishment for having...article alleging as though he was under a police investigation for his involvement with a gang of bank robbers. Heavy reliance was placed in this case on the majority decision of the Constitutional Court of...support them, or under orders of the King who could, in the eye of law, do no wrong. But, apart from an impeachment, which has become obsolete, or punishment for contempts of a House, which constitute...

...Arijit Pasayat, J.— Two appellants faced trial for having allegedly committed rape on a girl of tender age whose name need not be indicated and she can be described as the...suffice.6. The offence of rape occurs in Chapter XVI IPC. It is an offence affecting the human body. In that chapter, there is a separate heading for “sexual offences”, which...knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will”. (Hale PC 628) The essential words in an indictment for rape...

...dispose them of by this common judgment. Both the appellants were convicted for the offence of gang rape by the trial court and were sentenced to undergo rigorous imprisonment for 10 years each with a...of 2009 refused to participate in the test identification parade, that the FSL report of the exhibits was also obtained and the charge-sheet was filed for the offence of gang rape...gang rape under Section 376(2)(g) IPC, it has been held as under in paras 31 and 32:“31. No doubt, it is true that to hold an accused guilty for commission of an offence of rape...

...accused persons were also charged for the offences under the Gangsters Act, being co-accused and considering the definitions of ‘Gang’ and ‘Gangster’ under the Gangsters Act, 1986...-social activities and for matters connected therewith or incidental thereto. Section 2(b) defines ‘Gang’ and Section 2(c) defines ‘Gangster’. Sections 2(b) and 2(c) read as under....”34. Section 3 of the Gangsters Act, 1986 provides for punishment, which reads as under:“3.(1) A gangster shall be punished...

...11 others who were acquitted were charged under Sections 380 and 376 read with Section 149 IPC for having entered the house of the victims and committing rape on them and thereafter removing cash and...inconceivable that an unmarried girl and two married women would go to the extent of staking their reputation and future in order to falsely set up a case of rape on them for the sake of communal interests...under:“Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape...