Recently, the Supreme Court said that when a group acts with a common intention to commit gang rape, an act of penetration by even one person is sufficient to convict all others involved. The Supreme Court bench of Justices Sanjay Karol and KV Viswanathan further said that as long as all the gang members have acted in furtherance of common intention, they would all be liable for gang rape even though the act of penetration was committed only be one person. "It is very clear that in a case of gang rape under Section 376(2)(g), an act by one is enough to render all in the gang for punishment as long as they have acted in furtherance of the common intention. Further, common intention is implicit in the charge of Section 376(2)(g) itself and all that is needed is evidence to show the existence of common intention," the apex court said. The top court observed while upholding the conviction of a man accused of participating in the abduction, confinement and gang rape of a woman in Madhya Pradesh in 2004. 'A Few Taunts Here and There Is a Part of Everyday Life', Says Supreme Court While Quashing Section 498A IPC Case Against Woman's Father-in-Law and Mother-in-Law.
SC Upholds Conviction of Man in Gang Rape Case
One man's act of penetration enough to convict all in gang rape if there is common intention: Supreme Court
Court said even if only one person commits rape, others can be convicted if they acted in common intention.
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