Commission Of Sexual Act By Any Of The Accused Is Sufficient To Rope In Remaining Accused In Offence Of Gang Rape: Bombay High Court
In a significant ruling, the Nagpur bench of the Bombay High Court has recently held that commission of a sexual act is not mandatory for one to be roped in as an accused in a gang rape case and instead commission of a sexual act by even one person (among the accused) is enough to convict the others (in the group) for gang rape.
Single-judge Justice Govind Sanap while hearing appeals filed by four men, convicted for gang raping a woman, noted that while only two accused ravished the victim, the other two had overpowered her friend and do not let him save her.
"Two accused (Sandip & Shubham) dragged the victim behind a tree. The remaining two accused (Kunal & Ashok) overpowered the victim's friend. They did not allow him to move. In my view, this is sufficient to attribute the knowledge and intention to accused Kunal and Ashok. They could have been saved from the tentacles of the law, provided they had not overpowered the victim's friend, who, if not not overpowered by them, could have tried to save the victim," the judge noted.
The judge further said that had the victim's friend not been overpowered, he could have raised hue and cry and somehow prevented the accused from committing this ghastly act with the victim.
"The commission of actual sexual act by one of the accused is sufficient to rope in the remaining accused in the offence of gang rape, provided there is material to show that they shared a common intention. In my view, the act of Kunal and Ashok facilitated the commission of offence of rape by accused Shubham and Sandip," the single-judge held.
In the order passed on July 4, the bench noted that the victim's friend had a motorcycle and had he not been overpowered, then he would have moved from the spot and tried to secure help of someone or by these accused from the village.
"When the Forest Guard came on the spot and the victim and Akash narrated the incident to him, it was too late. By that time, accused Shubham and Sandip, had ravished the victim and satisfied their lust. I do not see any substance in the contention that Kunal and Ashok, could not be roped in and convicted for the offence of gang rape," the judge underlined.
Background:
On June 13, 2015, the victim, a resident of a village in Chandrapur district, met her friend at a temple in her district. After offering prayers, the duo sat under a tree. The three accused came to the spot and apprehended the victim and her friend and told them that they are Forest Department Officials and demanded Rs 10,000. However, when they refused to give such an amount they accused persons assaulted the duo. The accused then snatched the victim's phone and called the fourth accused to the spot.
Then duo were beaten mercilessly. When the victim went to attend nature's call, two of the accused Sandip and Shubham followed her and raped her while the other two Kunal and Ashok caught held of the victim's friend and did not let him help the victim. The accused only left the spot after a Forest Guard came near the spot.
Appearance:
Advocates YB Mandape and AC Jaltare appeared for the Accused.
Additional Public Prosecutor SV Kolhe represented the State.
Case Title: Sandip Talande vs State of Maharashtra (Criminal Appeal 618 of 2018)