Dr. RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW

                      ACADEMIC SESSION:

2014 – 2015

CRIMINAL LAW - II

SYNOPSIS

CASE COMMENTARY

PRIYA PATEL v. STATE OF MADHYA PRADESH

Submitted to: Submitted by:

Mr. K.A. Pandey Anshuman Vikram Singh

Asst. Professor (Law) B.A.LL.B.(Hons.)

RMLNLU IV semester

Roll No. 24

TITLE OF THE CASE:

Priya Patel v. State of Madhya Pradesh

APPELLANT:

Priya Patel

RESPONDENT:

The State of Madhya Pradesh And Another

DATE OF JUDGMENT:

12th July 2006

BENCH:

Arijit Pasayat and S.H. Kapadia, JJ.

CITATION:

(2006) 6 SCC 263

FACTS:

Prosecutrix, a sports personnel was taken by the accused, husband of the appellant in this

case, to his hous on some false pretext and committed rape on her.

At the time of committing the offence, the appellant who is the wife of the accused, was

there.

Prosecutrix requested the appellant to save her.

Instead of saving, she slapped her, closed the door and left the place of incident.

Appellant was charged for offence under section 323 and 376 (2) of IPC.

ISSUE INVOLVED:

Whether a woman can be prosecuted for “gang rape”?

Can the accused be held for abetting the concerned offence?

HOLDING OF THE COURT:

Reversing the order of conviction of the appellant the honorable Supreme Court acquitted the

appellant holding that it is conceptually inconceivable for a woman to commit rape and thus she

can’t be prosecuted for an offence under section 376(2)(g) of IPC.