Supreme Court · 2009 INSC 616 · Decided 27 April 2009
State of Rajasthan v. Hemraj & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 616 · [2009] 6 S.C.R. 1123
- Case number
- CRIMINAL APPEAL No. 847/2009
- Decided
- 27 April 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376(2)(g), 375, 376(2), 34, 342; Juvenile Justice Act
Headnote
c Penal Code, 1860 - ss.376(2)(g) Explanation 375 and 34 -- Female, whether liable to be convicted for rape -- Held: In view· of definition of rape, holding a woman guilty of committing rape is conceptually inconceivable -- Common intention as occurring in Explanation to s. 376(2) is not D for consideration in the present appeal was whether a female was liable to be convicted uls 376(2)(g) IPC. E Dismissing the appeal, the Court HELD :1.1. A bare reading of Section 375 IPC makes the position clear that rape can be committed only by a man. The Section itself provides as to
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