The Madhya Pradesh High Court ruled that a man & woman both can be held liable for abetment to rape under Section 109 of Indian Penal Code if the abetted act is committed in consequence of the abetment.
Referring to Omprakash v. State of Haryana(2015), the court observed that though a woman cannot commit rape, but can still be held liable for abetment.
Thus, the Court directed the Trial Court to frame the charge under Section 109 of the IPC against the applicants instead of Section 376 r/w 34 of the IPC.
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