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 ... settled law that the common intention or the
intention of the individual concerned in furtherance of the
common intention could be proved either from direct
liability and the essence of that liability is existence of
common intention. That common intention pre-supposes
prior concert as there must be meeting ... settled law that the common
intention or the intention of the
individual concerned in furtherance of
the common intention could be proved
either from direct
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 the common intention to
do a criminal act. The expression "in furtherance of their
common intention" as appearing in the Explanation
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 the common intention to do a criminal
act. The expression "in furtherance of their common intention" as appearing in the Explanation
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
group of
persons acting in furtherance of their common intention guilty of offence
of rape and each is deemed to have committed gang rape, even ... Court and
the High Court, to conclude that rape was committed in furtherance of
common intention. Not only was the accused-appellant present, but also
acting in furtherance of their
common intention, each of the persons shall be deemed to have
committed gang rape within the meaning ... more
than one person acting in furtherance of their common intention of
committing rape on a victim, it is not necessary that the
prosecution should
order to bring in application of Section 376(2)(g) common
intention to commit rape is necessary and the evidence of the prosecutrix in
court ... show that they shared common intention.
7. The important expression to attract Section 376(2)(g) is `common
intention'. The essence of the liability
with intellectual disability (moderate) after subjecting her to
series of acts of rape by a middle ager, who has now been sentenced to
death ... having, in furtherance of their common intention, kidnapped a
minor girl and accused No.1 had committed rape on her several times and
committed
commits rape on a woman in
that hospital; or
(e) Commits rape on a woman knowing her to be pregnant; or
(f) Commits rape when ... acting
in furtherance of their common intention, each of the persons
shall be deemed to have committed gang rape within the meaning of
this