‘Shared intent’ sufficient ground for conviction in gang-rape case: Bombay high court | India News – Times of India

‘Shared intent’ sufficient ground for conviction in gang-rape case: Bombay high court | India News – Times of India



NAGPUR: Nagpur bench of Bombay excessive court docket upheld the conviction of 4 males for gang rape, clarifying that direct participation within the sexual assault was not obligatory to ascertain guilt. If there was proof of shared intent, it was adequate for conviction, the court docket stated.
Justice Govinda Sanap dismissed the appeals filed by the 4 accused, who had challenged their conviction and sentence handed down by Chandrapur classes court docket.Sandip Talande, Kunal Ghodam, Shubham Ghodam and Ashok Kannake had been awarded 20 years of rigorous imprisonment on Aug 20, 2018, for the gang rape of a lady on June 14, 2015.
The court docket held that though solely two of the accused raped the girl, shared intent made the opposite two equally culpable.
The girl and her buddy had been sitting beneath a tree after visiting a temple when the accused approached them, posing as forest division officers, and demanded Rs 10,000. Once they expressed their lack of ability to pay, they had been thrashed and their cell phones had been snatched. Sandip and Shubham then raped her, whereas Kunal and Ashok restrained her buddy from intervening.
“The 2 accused dragged the sufferer behind a tree, whereas the remaining two overpowered the sufferer’s buddy. This motion clearly signifies their data and intention, making them equally culpable,” Justice Sanap stated.
The accused fled the scene after a forest guard arrived. The survivor and her buddy reported the crime to police, and a medical examination confirmed rape.
Justice Sanap discovered no benefit within the rivalry that Kunal and Ashok couldn’t be convicted for gang rape, primarily based on proof. “They might have been saved from regulation, supplied they’d not overpowered the survivor’s buddy. If he was not overpowered, he would have tried to save lots of her and prevented the accused from committing this ghastly act,” the decide stated, including that the duo facilitated the crime dedicated by the opposite two accused, Shubham and Sandip.







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