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november 2008

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.

Hanuman Prasad & Ors vs State Of Rajasthan · Niyam