New Delhi: In a landmark ruling, the Supreme Court clarified that in cases of gang rape, even if only one person carries out the act of penetration, all the accused can be convicted as long as they share a common motive. The Court stressed that the prosecution does not need to prove that every individual committed the full act of rape, as long as the intent was shared.
The bench comprising Justices Sanjay Karol and KV Viswanathan stated that, “It is very clear that in a case of gang rape under Section 376(2)(g), an act by one is enough to render all in the gang for punishment as long as they have acted in furtherance of the common intention. Further, common intention is implicit in the charge of Section 376(2)(g) itself, and all that is needed is evidence to show the existence of common intention.”
This judgment came during the hearing of a case where one of the accused argued that he should not be named alongside the other accused in the FIR, as he was only an accomplice to the main perpetrator. The court, however, rejected this plea, ruling that all individuals involved in the crime can face the same penalty if their actions were motivated by a common intention.
