Can wife be prosecuted of gang rape?
Querist :
Anonymous
(Querist) 20 December 2011
This query is : Resolved
A husband takes a girl to his house by fraud and there starts raping her.Meanwhile his wife reaches.The victim prays the wife for her rescue but wife slaps her and goes out shutting the door.Can wife be prosecuted of having committed Gang Rape or not?
ashutosh mishra
(Expert) 20 December 2011
Are you sure of the incidence or you have borrowed it?
Historically there is a case law exactly on the similar facts,priya patel vs.state of m.p.wherein accused wife was convicted under Explanation-I to Section 376(2) for gang rape. But the supreme court held that, after a reading of Section 375 of the IPC, rape may be committed only by man. The explanation to Section 376 (2) merely indicates that that when one or more persons act in furtherance of their common intention to rape a woman, each person of the group must be deemed to have committed gang rape. The rule is based on the principle of common intention as provided in section 34 of the IPC. Common Intention denotes acts done in postulation as per a pre arranged plan or in pursuance of prior meeting of minds. When this section is applied to section 376 (2) (g), it may require fulfilment of the common intention which in such a case may be common intention to rape. Since such intention may not exist with a woman, as given in the definition, a woman may not be held liable for gang rape as well.
Then on contention was raised by the state that the woman may be held liable for Abetment as under section 108 of the IPC. The court said that such contention should have been raised in the trial court or in High Court, but it may not be done here.
ajay sethi
(Expert) 20 December 2011
well advised by asutosh misra . wife cannot be accused of gang rape .
Guest
(Expert) 20 December 2011
Funny question! Rape of a girl by husband, but you want to prosecute wife for gangrape?
First of all gangrape is not made by a single person. 2ndly, how wife raped or compelled the the girl to be raped after she was brought by her husband? 3rd, do you feel slapping by one lady to another can be equated with rape? 4th, you have not clarified about shutting of the door, whether locked from outside or could be opened by any one from inside also?
Advocate. Arunagiri
(Expert) 20 December 2011
Wife can be prosecuted for abetment.
Now a days instead of real problems, academic queries are increasing.
By this the real queries, may miss the attention of the experts.
Devajyoti Barman
(Expert) 20 December 2011
Yes very right..
The wife can not certainly be convicted for committing rape but she could surely be prosecuted as an accomplice and for abetment as well...
Raj Kumar Makkad
(Expert) 20 December 2011
In the given case, an iota of the alleged crime cannot be proved against the wife of accused husband. Intention then preparation and then commission are three stages of every crime which cannot entangle wife with the alleged crime so your question ends.
