Rex v Meope and Another (Cr. C. 65-1927.)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that a person physically incapable of committing rape himself may be convicted as an abettor where he assists another to commit the offence. The second accused, being over fourteen and having reached puberty, was convicted of rape. The first accused, a boy aged twelve to thirteen and physically incapable of committing rape, was convicted as an abettor for assisting his companion.
Outcome
Both accused convicted — second accused of rape, first accused as abettor
Facts
The two accused were charged with rape under section 376 of the Indian Penal Code. The second accused, Opiri s/o Osano, was over fourteen years of age and had reached puberty. The first accused, Opiri s/o Meope, was a boy aged between twelve and thirteen years. The court found that the second accused was physically capable of committing rape and did commit the offence. The first accused, though physically incapable of committing rape himself, assisted his companion in the commission of the offence.
Issues
- Whether a person who is himself physically incapable of committing rape may be convicted as an abettor to the offence.
Orders
- Second accused Opiri s/o Osano convicted of rape.
- First accused Opiri s/o Meope convicted as an abettor to rape.
Rules and key headnotes
Legislation cited (1)
- Indian Penal Code s.376
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.