Penetrative Act by One Can Implicate All with Common Intention: SC

Penetrative Act by One Can Implicate All with Common Intention: SC

The case involves appellant Raju @ Umakant and co-accused Jalandhar Kol, who were convicted for kidnapping, wrongful confinement, and gang rape of the prosecutrix ('R'). On June 23, 2004, the prosecutrix attended a wedding with her friend 'SA'. While returning around 1:00 AM, they were intercepted by the accused. While 'SA' managed to escape, the prosecutrix was abducted. The accused took her to the appellant's house, where both raped her. She was later confined at various locations before being rescued on June 28, 2004. A missing report was filed by the prosecutrix's father on June 24, 2004. The Supreme Court upheld the conviction of the appellant under Sections 366, 342, and 376(2)(g) of the Indian Penal Code (IPC). However, it set aside the conviction under Section 3(2)(v) of the SC/ST Act. In addition, the Court modified the sentence for the offense under Section 376(2)(g) from life imprisonment to 10 years of rigorous imprisonment, aligning it with the sentence given to the co-accused. The Court maintained the other sentences imposed by the trial court.