https://www.taxtmi.com/caselaws?id=184193 Liability for gang rape under Explanation 1 to Section 376(2)(g) of the Indian Penal Code requires proof that more than one person acted with a common intention or prior concert to commit rape; such intention may be inferred from conduct and surrounding circumstances, but mere presence near the scene is insufficient. On the facts, the prosecutrix's account was inconsistent about the appellant's role and arrival, and no specific act showed participation in a shared plan or furtherance of the offence. The Court held that the necessary pre-concert and common intention were not proved beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. en-us Fri, 18 Aug 2006 00:00:00 +0530 Fri, 01 Jul 2016 17:47:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184193 Liability for gang rape under Explanation 1 to Section 376(2)(g) of the Indian Penal Code requires proof that more than one person acted with a common intention or prior concert to commit rape; such intention may be inferred from conduct and surrounding circumstances, but mere presence near the scene is insufficient. On the facts, the prosecutrix's account was inconsistent about the appellant's role and arrival, and no specific act showed participation in a shared plan or furtherance of the offence. The Court held that the necessary pre-concert and common intention were not proved beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. Case-Laws Indian Laws Fri, 18 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184193