New Delhi: Can a woman be prosecuted on the charge of gang rape?

The Supreme Court has said "no" and quashed the charges framed against a woman. The charge was that she abetted her husband in raping a girl and this amounted to gang rape.

A Bench of Justices Arijit Pasayat and S.H. Kapadia said, "A bare reading of Section 375 IPC makes the position clear that rape can be committed only by a man.

The section itself provides as to when a man can be said to have committed rape."

Mr. Justice Pasayat, writing the judgment, noted that as per the explanation in Section 376 (2) IPC "when a woman is raped by one or more in a group of persons acting in furtherance of their common intention each such person shall be deemed to have committed gang rape within this sub section (2). That cannot make a woman guilty of committing rape. This is conceptually inconceivable."

Priya Patel was charged with the offence of gang rape along with her husband Bhanupratap Patel.

According to the charge sheet, when Bhanupratap was committing the crime, Priya went to the room and the victim sought her for help.

However, she slapped the victim and bolted the room from outside and left the place.

Bhanupratap and his wife were charged with the offence of gang rape under Section 376 (2) (g) of the IPC.

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