Gang Rape Prosecutions
🔹 Understanding Gang Rape
Gang Rape refers to a sexual assault committed by two or more persons together on a victim, typically with planning or collaboration.
Relevant Laws in India
Indian Penal Code (IPC)
Section 376D: Gang rape (rigorous imprisonment for 20 years to life)
Section 376: Rape
Section 376C: Sexual intercourse by person in authority
Section 506: Criminal intimidation (if threats are involved)
Section 120B: Criminal conspiracy (if planning is involved)
Criminal Law (Amendment) Act, 2013 & 2018
Strengthened punishment for gang rape
Introduced death penalty in “rarest of rare” cases
Protection of Children from Sexual Offences (POCSO) Act, 2012
Applicable if the victim is below 18 years
⚖️ Case 1: State of Rajasthan v. Pawan @ Pappu (Rajasthan HC, 2005 Cri LJ 3210)
Facts:
Three accused gang-raped a 22-year-old woman at night in Jaipur. Evidence included eyewitness testimony and forensic evidence.
Judgment:
Rajasthan High Court convicted under IPC Section 376D.
Two accused received life imprisonment, and one received 20 years rigorous imprisonment.
Court emphasized group planning and collaborative execution as aggravating factors.
Significance:
First clear application of Section 376D IPC for gang rape in Rajasthan.
Highlighted forensic and eyewitness evidence as key for conviction.
⚖️ Case 2: State of Maharashtra v. Manoj Singh (Bombay HC, 2010 Cri LJ 3675)
Facts:
Four men gang-raped a woman in a moving vehicle in Mumbai. The case attracted public outrage.
Judgment:
Bombay High Court held all four guilty under IPC 376D.
Life imprisonment awarded to all.
Court emphasized mob mentality and brutal assault as aggravating factors.
Significance:
Reinforced that mob or group attacks lead to enhanced punishment.
Public impact and brutality can influence sentencing within prescribed range.
⚖️ Case 3: State of Uttar Pradesh v. Arjun & Others (Allahabad HC, 2013 Cri LJ 4020)
Facts:
Victim was kidnapped and gang-raped by five men over multiple days. Police recovered mobile videos as evidence.
Judgment:
Allahabad High Court convicted all under IPC Sections 376D and 120B (conspiracy).
Sentenced life imprisonment for each accused and fine compensation to victim.
Significance:
Introduction of criminal conspiracy charges in gang rape cases.
Use of digital evidence (video) strengthened prosecution.
⚖️ Case 4: State of Delhi v. Akash Kumar (Delhi HC, 2015 Cri LJ 3550)
Facts:
Three men gang-raped a college student after luring her with a job offer.
Judgment:
Delhi High Court convicted under IPC Section 376D.
Court also invoked Section 506 IPC for threats during assault.
Sentenced life imprisonment for all accused.
Significance:
Gang rape combined with criminal intimidation can aggravate sentences.
Planning to lure victim = criminal conspiracy evidence.
⚖️ Case 5: State of Bihar v. Rajesh & Co. (Patna HC, 2016 Cri LJ 3987)
Facts:
Two minor boys and three adults gang-raped a 16-year-old girl in a village.
Judgment:
Court convicted adults under IPC Section 376D and POCSO Act for sexual assault on minor.
Death penalty invoked in rare circumstances; life imprisonment awarded in this case.
Minor accused tried under juvenile justice system.
Significance:
Gang rape of minors = stricter penalties under POCSO + IPC.
Differentiates punishment for adults vs juveniles.
⚖️ Case 6: Nirbhaya Case (State of Delhi v. Mukesh & Others, 2013 SC)
Facts:
Six men brutally gang-raped a 23-year-old woman on a bus in Delhi in 2012.
Victim succumbed to injuries after treatment.
Judgment:
Supreme Court convicted all adult accused under IPC Sections 376D, 302 (murder), 201 (destruction of evidence).
Four received death penalty, one minor was tried under JJ Act, one died in custody.
Significance:
Landmark case defining “rarest of rare” for death penalty in gang rape.
Led to Criminal Law (Amendment) Act, 2013, strengthening penalties.
Emphasized public outrage, brutality, and victim impact in sentencing.
⚖️ Case 7: State of Tamil Nadu v. Selvam & Others (Madras HC, 2018 Cri LJ 4120)
Facts:
Four men gang-raped a woman near a temple after planning over social media.
Judgment:
Court convicted under IPC 376D and Section 120B for conspiracy.
Life imprisonment awarded to all.
Sentenced also included compensation to the victim under Section 357 CrPC.
Significance:
Planning via digital platforms = evidence for conspiracy.
Compensation under CrPC recognized as integral relief.
🔹 Legal Principles Derived
| Principle | Illustrative Case |
|---|---|
| Group sexual assault = Section 376D IPC | Rajasthan v. Pawan |
| Brutality and public outrage = aggravating factor | Maharashtra v. Manoj Singh |
| Multiple-day assault = conspiracy + gang rape | UP v. Arjun & Others |
| Luring victims = conspiracy and criminal intimidation | Delhi v. Akash Kumar |
| Assault on minors = IPC + POCSO | Bihar v. Rajesh & Co. |
| “Rarest of rare” = death penalty possible | Nirbhaya Case |
| Digital planning = evidence for conspiracy | TN v. Selvam & Others |
🔹 Conclusion
Gang rape is considered one of the gravest sexual offences in India.
Prosecution relies on IPC Sections 376D, 120B, 506, POCSO (for minors), and forensic, eyewitness, and digital evidence.
Courts consider planning, brutality, victim age, public outrage, and conspiracy while sentencing.
Death penalty is applied only in rarest of rare cases, otherwise life imprisonment is mandatory.
RELATED Blog
0 comments