STATE OF RAJASTHAN versus HEMRAJ & ANR.

STATE OF RAJASTHAN versus HEMRAJ & ANR.

A woman cannot be held guilty of committing rape as defined by Section 375 and 376(2)(g) IPC, because only a man can commit the offence of rape; the explanation to Section 376(2) IPC does not make a woman liable for rape by virtue of common intention.

Parties
Appellant: State of Rajasthan; Respondent: Hemraj; Respondent: Smt. Kamla
Jurisdiction
India
Judgment Date
27 April 2009
Procedural Posture
Criminal Appeal / Appeal From Order of Rajasthan High Court Dismissing Application for Leave to Appeal
Outcome
Appeal dismissed
Legal Topics
Rape, Liability of Women for Rape, Section 376(2)(g) IPC, Section 375 IPC, Section 34 IPC
Criminal Law Rape Liability of Women for Rape Section 376(2)(g) IPC Section 375 IPC Section 34 IPC

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Parties

State of Rajasthan

Appellant

Hemraj

Respondent

Smt. Kamla

Respondent

Procedural Posture

Criminal Appeal / Appeal From Order of Rajasthan High Court Dismissing Application for Leave to Appeal

Legal Issues

  1. 1 Whether a female can be convicted of rape under Section 376(2)(g) IPC.

Ratio Decidendi

A woman cannot be held guilty of committing rape as defined by Section 375 and 376(2)(g) IPC, because only a man can commit the offence of rape; the explanation to Section 376(2) IPC does not make a woman liable for rape by virtue of common intention.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed