Allahabad High Court: Women Can Be Prosecuted for Facilitating Gang Rape Under Section 376D IPC
The Allahabad High Court recently ruled that while a woman cannot commit the offense of rape, she can be prosecuted for facilitating it under the gang rape provision of Section 376D of the Indian Penal Code (IPC).
Justice Shekhar Kumar Yadav dismissed a plea arguing that a woman cannot be prosecuted for gang rape. He clarified that, although Section 375 IPC specifies that rape can only be committed by a man, Section 376D IPC does not exclude women from being prosecuted for facilitating gang rape.
This ruling came from a case involving Sunita Pandey, who filed an application under Section 482 of the Criminal Procedure Code (CrPC). Pandey challenged a summoning order by the additional district and sessions judge in Siddharth Nagar, where she was ordered to face trial under Sections 376D (gang rape) and 212 (harboring offender) of the IPC. This was in connection with the alleged rape of a 15-year-old girl.
The case dates back to June 2015, when the victim’s father lodged an FIR against unknown persons under Sections 363 (kidnapping) and 366 (abduction to compel marriage) IPC. He alleged that someone had enticed his 15-year-old daughter and taken her away. In her statement under Section 164 of the CrPC, the victim implicated Pandey in the incident. Although Pandey was not named in the charge sheet, the victim’s father filed an application under Section 319 CrPC to summon her, which the court accepted.
Justice Yadav emphasized that, although Section 375 IPC clearly states that rape can only be committed by a man, Section 376D IPC allows for the prosecution of any person, including women, who facilitates the act of gang rape. This distinction was crucial in dismissing Pandey’s application and allowing the trial to proceed.
The court’s decision underscores the broad scope of Section 376D IPC, ensuring that all individuals who facilitate such heinous crimes are held accountable, regardless of gender.
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