essence of that
liability is the existence of
common intention; that common
intention presupposes prior concert
which may be determined from the
conduct of offenders ... must be actuated by
the same common intention, which is
different from the same intention
or similar intention. The sine qua
non for bringing
rape by appellants / accused persons in furtherance of their
common intention. Common intention of appellants / accused
can be inferred from surrounding facts and circumstances ... ingredients of common intention is common. Section 376(2)(g) of
the IPC implies act done in furtherance of common intention.
Therefore, it cannot
rape by appellants / accused persons in furtherance of their
common intention. Common intention of appellants / accused
can be inferred from surrounding facts and circumstances ... ingredients of common intention is common. Section 376(2)(g) of
the IPC implies act done in furtherance of common intention.
Therefore, it cannot
said Ujjal was a member of the
group which shared common intention to commit rape. Accordingly,
he prays for acquittal of Ujjal Sarkar ... essence of that liability is in existence of common intention.
That common intention presupposes prior concert as there
must be meeting of minds, which
existence of common
intention. In the present case, the prosecutrix (PW7) has specifically
deposed that accused persons were having common intention of raping ... raped
by all the accused persons as they were having common intention of
raping her and all of them were actively involved in the commission
Noon at Road Jamrudpur Village, Delhi in
furtherance of common intention, kidnapped Satnam Kaur from lawful
guardianship of Mahender Kaur and Paramjit Singh. Secondly ... Dealer
at Jamrupdpur, Delhi they both in furtherance of their common
intention committed rape with Satnam Kaur against her will.
6. Vide order dated
Shiv Kumar and this was in furtherance
of the common intention of the rape committed by Mr. Shiv Kumar. The
appellant herein because ... their common intention, i.e., the common
intention of the appellant and Mr. Shiv Kumar and this amounted to a
gang rape as defined under
associates Munipal and Kabir in
furtherance of common intention committed rape upon 'A' and 'R' (changed
names). The incident was reported
settled principle of law that absence of medical evidence
for proving the rape and absence of corroborating evidence
will not make the case ... their associate
Parveen (not charge sheeted) in furtherance of their common
intention committed rape upon the prosecutrix and has also
given her beatings with sharp
name not known and not
arrested ) in furtherance of his common intention attempted to rape the
prosecutrix (name mentioned in file but withheld to protect ... name not known
and not arrested) in furtherance of his common intention attempted to rape
the prosecutrix.
25. From the above discussion, it is clear
