Penal Code, 1860

— Ss. 375, 376(2)(g) & Expln. I, 34 and 110 — Gang rape — Prosecution of a woman for — Gang rape and abetment of rape — Distinction — Held, under the definition of rape under Ss. 375 and 376 a woman cannot be prosecuted for gang rape even if she facilitates the act of rape — By virtue of S. 376(2) Expln. I a woman cannot be convicted for rape — This is conceptually inconceivable since as per the definition of rape in Ss. 375 and 376, rape can be committed only by a man — Expression ``in furtherance of their common intention'' in S. 376(2) Expln. I relates to the intention to commit rape — A woman cannot be said to have an intention to commit rape — However, question whether appellant-accused, a woman, could be prosecuted for abetment of rape, left open for courts below to decide, (2006) 6 SCC 263-A

Penal Code, 1860

— Ss. 375 and 376 — Rape — Prosecution of a woman for — Held, as per the definition of rape in Ss. 375 and 376, rape can be committed only by a man, (2006) 6 SCC 263-B