Allahabad High Court Clarifies: Women Can Be Prosecuted for Gang Rape under Amended Law

In a recent judgment, the Allahabad High Court clarified the legal position regarding the prosecution of women for gang rape under the amended provisions of the Indian Penal Code (IPC). The court dismissed an application filed by Suneeta Pandey, who sought the quashing of an order summoning her to face trial for the offense of gang rape under Section 376-D IPC.

The headline for the news article can be taken directly from a quote in the judgment: "Women Can Be Prosecuted for Gang Rape" - Allahabad High Court.

Suneeta Pandey's counsel argued that, as a woman, she could not be charged under Section 376-D IPC, which pertains to gang rape. However, the court cited the amended provisions of the IPC and explained that a woman can be prosecuted for gang rape if she facilitates the act with a group of people. It clarified that while a woman cannot commit the offense of rape as defined under Section 375 IPC, she can be held accountable for gang rape.

The court relied on the judgment of the Hon'ble Supreme Court in the case of Priya Patel v. State of M.P. and another, (2006) 3 SCC (Cri.) 96, and highlighted the distinction between rape and gang rape offenses. It stated that the amended Section 376-D IPC establishes the principle of joint liability, wherein if one person in a group commits rape, all the accused will be held guilty.

Furthermore, the court discussed the scope and ambit of Section 319 Cr.P.C., which deals with the invocation of powers to summon additional accused. It clarified that the court can invoke its powers under Section 319 Cr.P.C. based on the evidence collected during the inquiry or trial and not the material collected during the investigation by the investigating agency.

The judgment quotes the court as stating, "No interference is called for in the impugned order... The application has no force and is accordingly dismissed." The court found that the evidence and provisions of law supported the summoning of Suneeta Pandey to face trial for the offense of gang rape under Section 376-D IPC.

This judgment by the Allahabad High Court provides clarity on the prosecution of women for gang rape under the amended provisions of the IPC. It reinforces the principle of joint liability and highlights the need to consider the evidence presented during the trial when invoking powers under Section 319 Cr.P.C.

 Date of Decision: February 13, 2023

Suneeta Pandey vs State Of U.P. And Another

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