Suneeta Pandey v. State of U.P. and Another
Case brief
What is this about?
Application under Section 482 Cr.P.C. filed to quash an order summoning the applicant for trial for gang rape. The court held that amended IPC provisions allow a woman to be prosecuted for gang rape if she facilitated the act with a group, rejecting the quashing prayer.
What the court decided
1
A.F.R.
Judgment Reserved On: 08.02.2023
Judgment Delivered On: 13.02.2023
Court No. - 68
Case :- APPLICATION U/S 482 No. - 39234 of 2022 Applicant :- Suneeta Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
- Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant and Sri R.P. Mishra, learned A.G.A. for the State as well as perused the record.
- The present application has been filed by the applicant- Suneeta Pandey for quashing of the impugned order dated 03.12.2018, whereby the applicant has been summoned to face the trial u/s 376-D, 212 IPC in exercise of power conferred under Section 319 Cr.P.C. as well as entire proceedings of Special Criminal (Sexual) Case No.08 of 2016 (State Vs. Fanindra Mani Ojha alias Dablu and others) arising out of Case Crime No.874 of 2015, under section 376-D & 212 I.P.C., Police StationKotwali Bansi, District- Siddharth Nagar, pending in the court of Additional District and Sessions Judge- Ist, Siddharth Nagar with a further prayer to stay the further proceedings of the aforesaid case.
Issues for consideration
3 issues framed by the court
Whether a woman can be summoned to face trial for the offence of gang rape under Section 376-D IPC.
Whether Section 319 Cr.P.C. empowers the court to summon an additional accused based on evidence recorded during inquiry or trial.
Whether the amended provisions of IPC allow prosecution of a woman for facilitating gang rape.
Parties & counsel
- applicant
Suneeta Pandey
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- A482/39234/2022
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