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46. The next question is whether in the present case, offence of gang rape has been made out by the prosecution or not.

47. For convenience, Section 376(2)(g) IPC is quoted here :­ "376. Punishment for rape.--

(1)......

(2) Whoever,

(a).........

(b).........

S.C. No. 36/08 Page 35/43

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(c).........

(d).........

(e).........

(f)..........

(g) commits gang rape '.........

Explanation­1.­ 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 sub­section.

48. Thus, clause (g) of sub­section (2) of Sec. 376 IPC deals with cases of gang rape. Explanation­1 applies to gang rape. By a deeming provision it enacts that ' 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' and all of them shall be liable to be punished under sub­section (2) of section 376 IPC.

51. Looking to the above legal position, it is to be seen whether in the present case prosecution has been able to prove its case beyond all reasonable doubts against both accused persons for the offence of gang rape u/s. 376(2)(g) IPC or not.

52. In the present case, there is clear cut evidence of prosecutrix Promila that when she had gone to market to purchase stationery, both the accused persons met her, and on the pointing of knife, took her to Aligarh Khair. They took her to a room, where both accused maintained physical relations with her one by one against her will and without her consent.