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The Bombay High Court has ruled that the involvement of any single accused in committing a sexual act is adequate to implicate all accused in a gang rape case. This judgment, delivered in the case of Sandip Talande vs. State of Maharashtra (Criminal Appeal 618 of 2018), was issued on July 29 and marks a significant development in the legal approach to gang rape offenses.
The court addressed the issue of whether the participation of just one accused in the sexual assault was enough to hold the remaining accused accountable for the crime of gang rape. The bench determined that it is not necessary for each accused to have committed an individual sexual act. Instead, the involvement of any one accused in the sexual offense is sufficient to involve all co-accused in the charges of gang rape.
The Nagpur bench articulated the court’s reasoning, stating, “The commission of a sexual act by any of the accused is sufficient to rope in the remaining accused in the offence of gang rape.” This ruling emphasizes that collective culpability is central to gang rape charges, ensuring that all participants in the criminal act are held responsible.
This landmark ruling is anticipated to influence future gang rape cases by clarifying the standards for attributing collective criminal responsibility.
It reinforces the legal principle that the collective nature of gang rape necessitates shared accountability, reflecting a strong stance against sexual violence and aiming to deliver justice for victims.