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Principle: Section 34 of Indian Penal Code provides that ‘When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.’
Facts: Three vagabonds, Sanju, Dilbag and Sushil decided to commit burglary. In the night, Sushil opened the lock and they broke into a rich man’s house when the entire family was on a pilgrimage. Sanju had gone to that house earlier in connection with some cleaning job. There was only a servant lady in the house. Hearing some sounds from the master bed room, the servant switched on the lights and went up to the room from where she heard the sound. Noticing that the servant was going to cry for help, Sanju grabbed her and covered her mouth with his hands and dragged her into the nearby room. The other two were collecting whatever they could from the room. When they were ready to go out of the house, they looked for Sanju and found him committing
rape on the servant. They all left the house and the servant reported the matter to the police and identified Sanju. Subsequently, all three were arrested in connection with the offences of house breaking, burglary and rape. Identify the legal liability of the three.
All three are liable for all the offences as there was common intention to commit the crimes.
Sanju will be liable only for housebreaking and rape as he did not participate in the burglary.
Only Sanju will be liable for rape as he was the one who actually committed the offence.
Only Dilbag and Sushil are liable for burglary in looting the house, and all three will be liable for housebreaking and rape as they did not stop Sanju from committing the offence and hence were accomplice to the offence.
Sanju, Dilbag and Sushil had the common intention to commit burglary. So as far as the offence of burglary is concerned all three will be liable as if the offence was committed by them alone. However the three did not have the common intention to rape the female servant. Hence a lack of common intention will make Sanju liable for the offence alone. Only Sanju will be liable for rape as he was the one who actually committed the offence.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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