Rex v Opiri and Another (Criminal Case No. 65 of 1927)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that a person who is physically incapable of committing rape may nevertheless be convicted as an abettor if he assists another person to commit the offence. The first accused, a boy aged twelve to thirteen years and physically incapable of rape, was convicted as an abettor for assisting the second accused who physically committed the rape.
Outcome
Both accused convicted
Facts
The two accused were charged with rape under section 376 of the Indian Penal Code. The second accused, Opiri wa Osano, was over fourteen years of age and had reached puberty. The first accused, Opiri wa Meope, was a boy aged between twelve and thirteen years. The evidence established that the second accused was physically capable of committing rape and did commit rape on the woman. 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 physically incapable of committing rape can be convicted as an abettor to the offence.
Orders
- Second accused Opiri wa Osano convicted of rape.
- First accused Opiri wa 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.