“Women are women’s own worst enemy. They rip each other apart.” – Keith Allen

When you rape, beat, maim, mutilate, burn, bury and terrorize women. You destroy the essential life energy on the planet. Rape is generally committed by a man but What if a woman is facilitating this heinous crime? Are there any consequences for that?

In a recent judgement of Suneeta Pandey v. State of U.P and Anr., the Allahabad High Court gave its observation that, although a woman cannot commit the offence of rape but if she facilitates the act of rape with a group of men, then she may be prosecuted for the offence of ‘gang rape’ under Section 376D of the Indian Penal Code.

Justice Shekhar Kumar Yadav further observed that Section 375 of IPC clearly states that rape can be done only by a “man” but this is not the case with Section 376D which describes “Gang Rape”. If a Woman is involved with facilitating of a crime she can also be made a party to the offence. This incident relates back to June 2015 wherein the FIR was lodged by the father of a girl against an unknown person under section 363 and 366.

Section 376D : Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine;

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim;

Provided further that any fine imposed under this section shall be paid to the victim.