Allahabad HC: Woman Can Be Prosecuted for Gang Rape If She Assists in the Crime
The Allahabad High Court has ruled that a woman can face prosecution for gang rape under Section 376D of the Indian Penal Code (IPC) if she helps or facilitates the crime. The court clarified that while a woman cannot commit rape, the law allows her to be charged with gang rape if she assists others in committing the offense.
Court’s Observation on Gang Rape Law
Justice Shekhar Kumar Yadav rejected the argument that a woman cannot be prosecuted for gang rape. He referred to Section 375 (rape) and Section 376 (punishment for rape) of the IPC, which were amended in 2013.
The ruling came in response to a petition filed by Sunita Pandey, who challenged a summoning order issued by the Additional District and Sessions Judge, Siddharth Nagar. The court had directed her to stand trial under Sections 376D (gang rape) and 212 (harboring an offender) of the IPC in a case involving the rape of a 15-year-old girl.
Case Background
The case dates back to June 2015, when a 15-year-old girl was allegedly kidnapped. Her father filed an FIR in July 2015 against unidentified persons under Sections 363 (kidnapping) and 366 (abduction to compel marriage) of the IPC.
During her statement under Section 164 of the Criminal Procedure Code (CrPC), the victim stated that Sunita Pandey was involved in the crime. However, her name was not included in the charge sheet.
Later, the victim’s father filed an application under Section 319 of CrPC to summon the accused woman, which was accepted by the lower court.
Key Takeaways from the Judgment
- The court clarified that Section 375 IPC defines rape as an act committed by a man, meaning a woman cannot be directly charged with rape.
- However, Section 376D IPC (gang rape) does not specify that only men can be prosecuted.
- If a woman assists or facilitates gang rape, she can face prosecution under Section 376D.
- The High Court upheld the lower court’s order, dismissing Sunita Pandey’s plea and confirming that she must stand trial.
Final Decision
The Allahabad High Court ruled that a woman who helps in the crime of gang rape can be prosecuted under Section 376D IPC. The court dismissed the petition, allowing the trial to proceed.
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