Supreme Court · 2006 INSC 420 · Decided 12 July 2006
Priya Patel v. State of M.P. and ANR.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 420 · [2006] SUPP. 3 S.C.R. 456
- Case number
- CRIMINAL APPEAL No. 754/2006
- Decided
- 12 July 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 375, 376(2), 323, 376, 376(2)(g)
Headnote
v STATE OF M.P. AND ANR. JULY 12. 2006 B [ARIJIT PASA Y AT AND S.H. KAPADIA, JJ.) Penal Code, 1860: ss. 375 and 376(2){g), Explanation !-'Gang rape'-A woman charged C u/s 376(2)(g)-On the allegation of facilitating her husband in commission of offence of rape of prosecwrix-Held, s.375 makes woman cannot be said to have an intention to commit rape D and, therefore, cannot be prosecuted u/s 376(2){g)-lt is for the court concerned to consider l1'hether such a woman can be charged for abetment, if in /alt' it is permissible and the facts warrant such a course to be adopted On the basis
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