The Supreme Court has said clinching proof of committing rape against each of the accused is not necessary, and added that a person can be convicted in a gangrape case even if there is no medical evidence against him.
The court passed this order while convicting six persons in connection with a gangrape case despite medical evidence saying that only four had committed the crime.
A bench headed by Justice A K Patnaik said that where there are more than one person acting in committing rape on a victim, and therefore, it is not necessary that the prosecution should adduce clinching proof of a completed act of rape by each one of the accused on the victim.
The court set aside the Rajasthan High Court order which had acquitted all the six accused. It upheld the trial court order convicting all the accused for gangrape and awarded 10- year jail to all of them.