Supreme Court of India
Hanuman Prasad and Ors. v. State of Rajasthan
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From the headnote
Pimai Code, 1860 - s. 376(2)(g) - Application of - Necessary ingredients - Held: 'Common intention' to commit rape is necessafY - On facts, no evidence to show that accused had a common intention of committing rape on .. - '· ' 'victim - Thus, conviction by High Court .uls. 376(2)(g) not sustainable and set aside. According to the prosecution cas~, accused OS raped the prosecutrix, a school going· girl and other ·accused flirted with her. This continued for severaltimes. Accused persons threatened her not to disclose this fact to anxone. After some time prosecutrix told her parents. FIR was
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