The Court noted that the question of whether a female can commit the offence of rape is itself clear by the non-ambiguous language of Section 375 of IPC, which specifically states that the act of rape can only be done by a “man” and not by “any woman”. Therefore, a woman cannot commit rape, the Court said.
However, the Court also took into consideration the amended Section 376D IPC, noting that it is a distinct and separate offence of gang-rape, as it says,
“Where a woman is raped by ‘one or more persons’ constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape…”
The provision embodies a principle of joint liability and the essence of that liability is the existence of common intention which may be determined from the conduct of offenders revealed during the course of action, the Court added.
The Court further observed that the term “person” used in the concerned Section should not be construed in a narrow sense.
“Section 11 IPC defines ‘person’ as it includes any company or association or body of persons whether incorporated or not. The word “person” is also defined in the Shorter Oxford English Dictionary in two ways: firstly, it is defined as “an individual human being” or “a man, woman, or child”; and, secondly, as “the living body of a human being”.”
Source: Barandbench
