'Shared intent' sufficient ground for conviction in gang-rape case: Bombay high court

NAGPUR: Nagpur bench of Bombay high court upheld the conviction of four men for gang rape, clarifying that direct participation in the sexual assault was not necessary to establish guilt. If there was evidence of shared intent, it was sufficient for conviction, the court said.
Justice Govinda Sanap dismissed the appeals filed by the four accused, who had challenged their conviction and sentence handed down by Chandrapur sessions court.Sandip Talande, Kunal Ghodam, Shubham Ghodam and Ashok Kannake were awarded 20 years of rigorous imprisonment on Aug 20, 2018, for the gang rape of a woman on June 14, 2015.
The court held that although only two of the accused raped the woman, shared intent made the other two equally culpable.
The woman and her friend were sitting under a tree after visiting a temple when the accused approached them, posing as forest department officials, and demanded Rs 10,000. When they expressed their inability to pay, they were thrashed and their mobile phones were snatched. Sandip and Shubham then raped her, while Kunal and Ashok restrained her friend from intervening.
"The two accused dragged the victim behind a tree, while the remaining two overpowered the victim's friend. This action clearly indicates their knowledge and intention, making them equally culpable," Justice Sanap said.
The accused fled the scene after a forest guard arrived. The survivor and her friend reported the crime to police, and a medical examination confirmed rape.
Justice Sanap found no merit in the contention that Kunal and Ashok could not be convicted for gang rape, based on evidence. "They could have been saved from law, provided they had not overpowered the survivor's friend. If he was not overpowered, he would have tried to save her and prevented the accused from committing this ghastly act," the judge said, adding that the duo facilitated the crime committed by the other two accused, Shubham and Sandip.