furtherance of the
common intention to do a criminal act. The expression "in
furtherance of their common intention" as appearing in the
Explanation ... relates to intention to commit rape.
A woman cannot be said to have an intention to commit rape.
Therefore, the counsel for the appellant
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
common intention'. The essence of
the liability in terms of Section 376(2) is the
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existence of common intention. In animating the
accused ... actually committed rape is deemed to have committed rape
even if only one member of the group in furtherance of the
common intention has committed
appellants were in
group and acted in furtherance of their common intention to
commit rape. After rape by Virendra Kumar, appellant- Yogesh
Kumar committed rape ... common intention of all the three
appellants.
9. Learned counsel for the appellants submits that the appellant-
Kamlesh Kumar has no intention to commit rape
appellants
threatened her by showing knife and thereafter appellant Bhaiyalal
committed rape on her. Version of this witness is supported by the
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version ... Court that both the appellants have acted in furtherance of
common intention of rape and both have participated in
commission of crime.
9. The statement
Naresh Agarsinh Chhara @ Nariyo vs State Of Gujarat on 20 April, 2018
Author: Harsha Devani
accused took her near the tank of
village Varkute. She was then raped by appellant/accused
Vishwas Kale by dragging her in a ditch. Thereafter ... crop was grown.
All accused persons in furtherance of their common intention
committed rape on her in that field. After about four days,
appellant/accused
formed a common intention to kidnap the minor
girl (PW-1), aged about 13 years, and in furtherance of their common
intention,
(i) took ... fourthly, in furtherance of their common intention, both the accused
along with JCL committed gang rape upon PW-1 thereby committing the
offence punishable under
furtherance of a common intention, each of
those persons shall be deemed to have committed the
offence of rape and shall be punished with
imprisonment
record
to prove that the applicant-appellant had common intention with
Asharam of committing rape upon the prosecutrix.
It is also contended that simply because
