Allahabad High Court: Woman Can Face Gang Rape Charges If She Helps in the Crime
The Allahabad High Court recently stated that even though a woman cannot directly commit the crime of rape, she can still be prosecuted for gang rape under Section 376D of the IPC if she helps others in committing the act.
Justice Shekhar Kumar Yadav made this observation while dismissing a petition filed by Sunita Pandey, who had challenged a court order summoning her in a gang rape case involving a 15-year-old girl.
The judge clarified that Section 375 of the IPC clearly defines rape as an act committed by a man. However, Section 376D, which deals with gang rape, does not exclude women from prosecution if they facilitate or assist the crime.
Sunita Pandey was facing charges under Sections 376D (gang rape) and 212 (harboring an offender) of the Indian Penal Code. She had moved the High Court under Section 482 of the CrPC to cancel the summoning order issued by the Additional District and Sessions Judge of Siddharth Nagar.
The case goes back to June 2015, when the father of the minor girl filed an FIR stating that his daughter had been kidnapped. Later, in her statement under Section 164 of the CrPC, the girl revealed that Sunita Pandey was involved in the incident. Although Sunita was not named in the original charge sheet, the victim’s father filed an application under Section 319 CrPC to summon her as an accused.
The lower court accepted the plea and issued a summoning order. The High Court upheld this decision, stating that aiding in a gang rape can attract criminal liability under Section 376D, regardless of gender.
The ruling highlights that legal definitions of gang rape do not exclude women and that those who help commit such crimes can face serious legal consequences.
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