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8. Per contra, learned counsel appearing for the respondent/State in support of the impugned judgment of the lower Court submits that the accused/appellants were rightly convicted under Section 376 (2) (g) of the IPC as it was amply proved by the prosecution that both the appellants acted in concert to commit rape on the prosecutrix and in furtherance of the common intention, rape was committed by appellant No.1.

9. I have heard learned counsel for the parties, perused the record of the trial Court and also the impugned judgment.

Explanation 1.-Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section"

11. In view of the aforesaid provision and on going through the record of the trial Court, the evidence of the prosecutrix Kalawati (PW/5) and Brahmdeo @ Lilu Yadav (PW/8) are substantial to analyze the factual matrix of the case with regard to the conduct and role played by the appellants in commission of the offence.

22. Further, Hon'ble the Supreme Court in Priya Patel v.

State of M.P.,(2006) 6 SCC 263 observed as under:

"By operation of the deeming provision, a person who has not actually committed rape is deemed to have committed rape even if only one of the group in furtherance of the common intention has committed rape. "Common intention" is dealt with in Section 34 IPC and provides that when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it was done by him alone. "Common intention" denotes action in concert and necessarily postulates a pre-arranged plan, a prior meeting of minds and an element of participation in action. The acts may be different and vary in character, but must be actuated by the same common intention, which is different from the same intention or similar intention. The sine qua non for bringing in application of Section 34 IPC is that the act must be done in furtherance of the common intention to do a criminal act. The expression "in furtherance of their common intention" as appearing in the Explanation to Section 376(2) relates to the intention to commit rape".