Know under what circumstances a case of gangrape can be filed against a woman, the Allahabad High Court gave a complete explanation

Interpreting Section 375 of the IPC, the High Court said that under it a woman cannot be considered an accused in a rape case but under 376D she can be made an accused.

In an important decision, the Allahabad High Court has accepted that a woman cannot commit an incident like rape. But if he has helped other people in this work, then a case of gangrape can be run against him under 376D. Justice Shekhar Kumar rejected the argument that neither a case of rape can be registered against the woman nor such a case can be run against her.

Justice Shekhar Yadav also dismissed the petition filed by a woman Sunita Pandey under 482 CrPC. He was summoned by the court of Additional Sessions Judge First, Siddharthnagar. The woman was asked to appear in connection with the rape of a 15-year-old girl. Additional Sessions Judge said that action is made against the woman under 376-D, 212 IPC.

This case was registered in 2015. The girl’s father had lodged a case with the police that some people had kidnapped his girl. Police had registered a case under 363 and 366 IPC. The family members of the girl alleged that some people forcibly abducted her. In the statement recorded under 164 CrPC, the victim said that Sunita Pandey was also involved in the rape case with her. Based on the victim’s statement, the court had sent summons to Sunita Pandey to appear.

Sunita Pandey moved the Allahabad High Court against the order of the Court of Additional Sessions Judge. He said that a woman cannot be made an accused in a rape case. The decision of the lower court is totally wrong. Referring to Sections 375 and 376E IPC Act 13 (2013), the High Court said that a woman can also be made an accused in a rape case under certain circumstances. The High Court said that if the woman has helped other people in the case of rape, then she can be accused of gangrape.

#

Couple serving life sentence want child through IVF, know how Supreme Court gave wings to their wish

Interpreting Section 375 of the IPC, the High Court said that under it a woman cannot be considered an accused in a rape case but under 376D she can be made an accused. Justice Shekhar Yadav, citing the Oxford Dictionary along with Section 11 of the IPC, said that PERSON has been described in two ways. In one it means man, woman and child while in the other it means living body and human being. In such a situation, the woman can be made an accused in the case of rape.

matnews

Hello Everyone, This News Website (MATnews.in) is for You to give True News update. Our aim is to make you all aware with the true news and Knowledge About Everything. keep visiting this site to be updated.

Leave a Reply

Your email address will not be published. Required fields are marked *