Clinching proof of committing rape against each accused is not necessary and a person can be convicted in a gangrape case even if there is no medical evidence against him, the Supreme Court today said.
"This court has consistently held that where there are more than one person acting in furtherance of their common intention of committing rape on a victim, 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," a bench headed by Justice A K Patnaik said.
The court passed the order convicting six persons in a gangrape case despite medical evidence saying that only four had committed the crime.
"As per the medical evidence, four persons had committed rape on the prosecutrix. Explanation 1 to Section 376(2)(g), IPC, states that where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gangrape within the meaning of the sub-section," the bench said.
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.
