Supreme Court of India · 2008-11-18
Hanuman Prasad & Ors vs State Of Rajasthan
- Citation / case number
- AIR 2008 SC (SUPP) 1107
- Court
- Supreme Court of India
- Petitioner
- Hanuman Prasad & Ors
- Respondent
- State Of Rajasthan
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the conviction of the appellants under Section 376(2)(g) IPC, affirming the Rajasthan High Court's decision which overturned their acquittal by the trial court. The Court clarified that common intention to commit rape is not a prerequisite for liability under this section, emphasizing that mere presence at the scene of the crime can suffice for conviction. The Court concluded that the High Court's interpretation of the broad language of Section 376(2)(g) was correct, resulting in the upholding of the 10-year rigorous imprisonment sentence.