Supreme Court of India

State of Rajasthan v. Hemraj & Anr.

Neutral citation
Reported as [2009] 6 S.C.R. 1123
Bench Dr. Arijit Pasayat and Asok Kumar Ganguly JJ.
Decided 27 April 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

From the headnote

c Penal Code, 1860 - ss.376(2)(g) Explanation 375 and 34 -- Female, whether liable to be convicted for rape -- Held: In view· of definition of rape, holding a woman guilty of committing rape is conceptually inconceivable -- Common intention as occurring in Explanation to s. 376(2) is not applicable to a woman. The questions for consideration in the present appeal was whether a female was liable to be convicted uls 376(2)(g) IPC. Dismissing the appeal, the Court HELD :1.1. bare reading of Section 375 IPC makes the position clear that rape can be committed only by a man. The Section itself

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