The Supreme Court on Friday raised the question whether a woman can be made an accused in a rape case under Indian Penal Code Section 375? The apex court has raised this question on the anticipatory bail plea of a 62-year-old widow accused in a rape case.
Seeking anticipatory bail, the woman has said that a false case of rape has been registered against her son and she has also been implicated in the case.
During the hearing, the bench of Justices Hrishikesh Roy and Sanjay Karol said in his oral remarks that, ‘According to us, only a man can be accused of rape under Section 375 of the IPC.’
Along with this, the top court has issued a notice on the woman’s anticipatory bail petition and sought a reply from the defendant. The bench said that it would consider this question.
Let us tell you that the crime of ‘rape’ has been defined under Section 375 of the IPC. Earlier, the advocate appearing on behalf of the woman said that a case of rape cannot be registered against any woman.
The advocate told the bench that it is settled law that a woman cannot be asked to share common intention in gang rape cases.
Because women have been kept out of the scope of the definition of rape. The woman has challenged in the apex court the rejection of the anticipatory bail plea by the lower court of Punjab and the Punjab and Haryana High Court in this case.