ASHOK KUMAR versus STATE OF HARYANA

ASHOK KUMAR versus STATE OF HARYANA

In the absence of evidence of concert between appellant and co-accused Anil Kumar, conviction under Section 376(2)(g) IPC cannot be sustained. Mere presence or facilitation without evidence of prior concert or common intention does not suffice for joint liability under this section.

Parties
Appellant: Ashok Kumar; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
17 December 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction Under Section 376(2)(g) Ipc; Post Trial, After High Court Affirmation
Outcome
Appeal allowed; conviction set aside; accused acquitted.
Legal Topics
Rape, Joint Liability, Section 376(2)(g) IPC, Concert in Committing Offence
Criminal Law Rape Joint Liability Section 376(2)(g) IPC Concert in Committing Offence

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Parties

Ashok Kumar

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Under Section 376(2)(g) Ipc; Post Trial, After High Court Affirmation

Legal Issues

  1. 1 Whether conviction under Section 376(2)(g) IPC can be sustained in absence of evidence of concert between accused and appellant

Ratio Decidendi

In the absence of evidence of concert between appellant and co-accused Anil Kumar, conviction under Section 376(2)(g) IPC cannot be sustained. Mere presence or facilitation without evidence of prior concert or common intention does not suffice for joint liability under this section.

Court Disposition

Appeal allowed; conviction set aside; accused acquitted.

Orders

  • Accused Ashok Kumar acquitted of offence charged; to be set at liberty forthwith.
  • Fine amount paid by appellant to be refunded.