Gang rape
anil kumar agarwal
(Querist) 14 June 2012
This query is : Resolved
a girl annoyed with parents left her house, to search her parents sends 4 persons to nearby village, they found her but while returning to home two of them did sex with her, rest two did nothing, lateron girls lodged a fir against two saying that other two didnot do any thing with her, police arrested two persons, weather remaing two persons should be prosecuted u/s 376 g in view of explanation i in ipc sec 376 g
Adv.R.P.Chugh
(Expert) 14 June 2012
Explanation 1
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 within the meaning of this sub-section.
Intention of the other two would have to be examined, intention is a matter of inference from facts.
More facts are needed
SAINATH DEVALLA
(Expert) 14 June 2012
Whether the other two have performed the act or not,their presence there along with the other two signifies their participation.You are saying that the girl has said in the complaint that she was raped by only two people.Come out with more realistic facts for a proper suggestion and advice.
Out of Court
(Expert) 14 June 2012
the two who did not commited the act shall not be prosecuted as per looking in the fact that 4 person went to search th girl therupon bonafide authorization of the parents of th girl. Herein the common intention of all the four is to search th girl..Whn th girl ws traced, all th four were ought to take the girl to her parents but adversly two of them raped with th common intention bt othr two had not shared their intention, hence th other two shall not be prosecuted u/s 376, bt can be prosecuted undr different section ..refer IPC, 1860..
Devajyoti Barman
(Expert) 14 June 2012
The rest two were accomplices and surely is liable to be prosecuted.
Had they tried to protect the girl, they would have been saved.
Shonee Kapoor
(Expert) 14 June 2012
They should also be prosecuted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 14 June 2012
agree that the other 2 men should be prosecuted
