Question

Consists of legal proposition(s)/  principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.  
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.  
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option. 

Principle: Section 34 of the 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. Ther e was only a servant lady in the house. Hearing some sounds from the master bedroom, 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 housebreaking, burglary, and rape. Identify the legal liability of the three.

Options

• All three are liable for all the offences as there was a common intention to commit the crimes.  

• Sanju will be liable only for housebreaking and rape as he did not participate in the burglary.  

• 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 an accomplice to the offence.  

• Only Sanju will be liable for rape as he was the one who actually committed the offence.  

Answer 1

Only Sanju will be liable for rape as he was the one who actually committed the offence.

Explanation:

Only Sanju will be liable for rape as he was the one who actually committed the offence. Sanju, Dilbag, and Sushil together decided to commit burglary and would hence be together charged for burglary, and as it was only Sanju who was committing the act of rape and only he will be charged under it. (Durga Prasad @ Bablu vs State on 28 August, 2009)