2007 Supreme(All) 1002

[2007(5) ADJ 6 (DB)(NOC)]
ALLAHABAD HIGH COURT
BEFORE : IMTIYAZ MURTAZA AND (MRS.) SAROJ BALA, JJ.
CHANDRA PRAKASH .....Applicant (In Jail)
Versus
STATE OF U.P. ......Opposite Party
(Criminal Appeal Nos. 3392, 4480, 4535 and 4538 of 2002,
decided on 13th April, 2007)

Headnote:(A) (Indian) Penal Code, 1860—Section 376(2)(g)—Gang rape—Conviction and sentence—Sustainability of—Victim was medically examined—Opined possibility of rape could not be ruled out—Mere fact that no injuries were found on private part cannot be a ground to hold that no sexual assault was committed on victim—No reasons for making false allegation—As nature of offence involves her character, reputation and married life—Testimony of victim cannot be disbelieved—Non-holding of test identification parade does not affect prosecution evidence—As victim had seen faces of accused-appellants in electric bulb light for a considerable long time—Conviction upheld.

       (B) (Indian) Penal Code, 1860—Section 376(2)(g), Explanation—Gang rape—All members of a group would be liable for acts—Committed by other members of that group—When act is committed in furtherance of their common intention—Appellant did not do anything to thwart commission of offence—Appellant rather facilitated its perpetration—Therefore, he is equally guilty.