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Priya Patel V. State of Madhya Pradesh

  Priya Patel V. State of Madhya Pradesh Brief Fact Summary : It was contented that a women cannot be charged for commission of offence of rape. The High Court was of the view that though  women cannot commit rape , if a women facilitates the act of rape ,Explanation-I to section 376(2) comes into operation and she can be prosecuted for “Gang Rape”. Facts:  Priya Patel vs State Of M.P. 12 July, 2006 Bench: Arijit Pasayat, S.H. Kapadia PETITIONER: Priya Patel                             RESPONDENT: State of M.P. BENCH: ARIJIT PASAYAT & S.H. KAPADIA JUDGMENT: Complaint was lodged by the prosecutrix alleging that she was returning by Utkal Express after attending a sports meet. When she reached her destination at Sagar, accused Bhanu Pratap Patel (husband of the accused appellant) met her at the railway station and told her that her father has asked him to pick her up from the railway station. Since the prosecutrix was suffering from fever, she accompanied accused Bhanu Pratap Patel t