PRIYA PATEL vs. STATE OF MADHYA PRADESH (Appeal (crl.) 754 of 2006)
Can a woman commit the act of rape or gang rape?
- The Bench: Justice Arijit Pasayat and Justice S.H. Kapadia
- The Defendant/ Appellant: Priya Patel (accused)
- The Plaintiff/ Respondent: State of Madhya Pradesh and Another
Issue: Whether a woman can be held liable for gang-rape under Section 376(2) (g) of IPC?
The Contentions
Defendant – The appellant argued that a woman cannot be held liable for the act of gang rape as she cannot commit rape and hence the same charge has no relevance. As the defendant in the case is a woman, who allegedly aided in the act of rape could not have committed the act herself, she cannot be held liable for the same.
Plaintiff – The plaintiff agreed with the decisions of the trial court and the high court of convicting the woman and stated that even she could not have committed the offence of rape; she did commit the offence of abetting rape, which is punishable under Section 323.
Final Judgment
The Court held that the offence of rape can only be committed by a man taking into account the bare reading of the penal provisions regarding the same. The Section in no way makes a woman liable for rape or gang rape as it is inconceivable. As intention is an important aspect of a crime and in case of gang-rape, “common- intention” and a woman cannot have the intention the commit rape and is therefore not liable for the offence. The question regarding the abatment of rape, was not dealt with by the Court.
