Supreme Court · 2008 INSC 1315 · Decided 18 November 2008
Hanuman Prasad and ORS. v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1315 · [2008] 16 S.C.R. 258
- Case number
- CRIMINAL APPEAL No. 1186/2001
- Decided
- 18 November 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376(2)(g), 34; CrPC Section 161, 164
Headnote
Pimai Code, 1860 - s. 376(2)(g) - Application of - Necessary ingredients - Held: 'Common intention' to commit rape is necessafY - On facts, no evidence to show that accused had a common intention of committing rape on .. - '· ' 'victim - Thus, conviction 376(2)(g) not sustainable and set aside. According to the prosecution cas~, accused OS raped the prosecutrix, a school going· girl and other ·accused flirted with her. This continued for severaltimes. Accused persons threatened her not to disclose this fact to anxone. After some
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