common intention
and the prior meeting of a mind which stand established on the record.
The common intention was to commit a rape ... 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 same intention or similar intention.
The sine qua non for bringing in application ... furtherance of their common intention' as
appearing in the Explanation to Section
376(2) relates to intention to commit
rape
acting in
furtherance of their common intention, each of the persons
shall be deemed to have committed gang rape.
13. This appellant had acted ... than one person had acted in con-
cert with the common intention to commit rape on
the victim;
(ii) that more that one accused
grave
doubt about the prosecution story of Kailash having shared common
intention to rape the prosecutrix with Dharmender.
Crl.A.Nos.1039 ... rape...........
Explanation 1. - Where a woman is raped by one or more in a group of
persons acting in furtherance of their common intention, each
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
since appellant No. 1, Suraj, had no
common intention with appellant No. 2, Narinder Kumar, while
committing rape on the prosecutrix. Therefore, at best ... record that Narinder Kumar had a
common intention or pre-concert with his brother, Suraj, for
committing rape on the prosecutrix. He also submits that
accused persons
in the commission of offences of rape with common intention and that the
offences are grave and heinous in nature and that
this reason just to disrepute us, they with
their common intentions have committed a rape with me
against my wishes. Action may kindly be taken ... this reason just to disrepute us,
they with their common intentions have committed a rape with me against
my wishes.
According to learned counsel
rape
attributed to the appellant it does not disclose that all the
accused had committed rape on her or had the common
intention and aided ... aided with common intention.
13. In fact, the very conclusion reached by the High Court
itself would indicate that the allegation of rape as established
Sandeep Yadav vs State (Govt. Of Nct Of Delhi) on 30 May, 2016
Author: Pradeep
