“ALLAHABD HIGH COURT RULES THAT A WOMAN CAN BE PROSECUTED FOR GANG RAPE IF SHE HAS FACILITATED THE ACT OF RAPE WITH A GROUP OF PEOPLE”

In this case, An F.I.R. was lodged by an Informant alleging that someone took away the daughter aged about 15 years by inducement.

During the case at trial, victim in her statement recorded that a woman was involved in the alleged incident however her name was not in the charge sheet.

Upon the above statement of the victim and subsequent application under Section 319 CrPC, the trial court summoned the alleged woman to face trial for the offence under Sections 376-D IPC and 212 CrPC.

The woman alleged to face the trial as above, filed an application before the High Court for quashing the order of summons issued on her by the trial court.

The Hon’ble Allahabad High Court while dealing with the application for quashing filed by the alleged woman observed in reference to the previous decisions of the Apex Court that the court can only rely on the face of documents and materials produced before it during trial and not that collected during the investigation by an investigating agency.

It was held that all what a court is required to invoke its powers under Section 319 CrPC is to be satisfied that from the evidence adduced before it, the person against whom no charge had been framed, but whose complicity appears to be clear, should be tried together with the accused.

The Hon’ble High Court while dealing with the argument of counsel for the applicant that a woman cannot commit rape and, therefore, she cannot be prosecuted for gang rape was held incorrect after going through the amended provisions of Section 375 to 376 IPC by Act 13 of 2013 of the Indian Penal Code, 1860.

The prosecution has to adduce evidence to indicate that one or more persons had acted in concert and in such an event, if rape had been committed by even one, all the accused will be guilty irrespective of the fact that victim had been raped by one or more of them.

The Hon’ble Allahabad High Court was of the view that as such, a woman can not commit the offence of rape but if she facilitated the act of rape with a group of people then she may be prosecuted for Gang Rape in view of the amended provisions.

Unlike man, a woman can also be held guilty of sexual offences.

A woman can also be held guilty of gang rape if she has facilitated the act of rape with a group of people.

On the above note the quashing application of the applicant was dismissed by the Hon’ble High Court.

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