A, B, C, D and E entered the house of a prosperous businessman at 12.30AM breaking open the kitchen door. Having planned to rob, they administered chloroform to the middle aged couple. While A, B, C and D managed to find money and gold ornaments in one of the cupboards, E went up to the first floor to look for more cupboards. When he entered the bedroom upstairs he found a beautiful girl fast asleep. After administering chloroform, he raped her and then rushed downstairs not venturing to steal anything. However, while leaving the gate, all the five were caught by the police. Which one among the following is the correct proposition of law?
A, B, C, D and E entered the house of a prosperous businessman at 12.30AM breaking open the kitchen door. Having planned to rob, they administered chloroform to the middle aged couple. While A, B, C and D managed to find money and gold ornaments in one of the cupboards, E went up to the first floor to look for more cupboards. When he entered the bedroom upstairs he found a beautiful girl fast asleep. After administering chloroform, he raped her and then rushed downstairs not venturing to steal anything. However, while leaving the gate, all the five were caught by the police. Which one among the following is the correct proposition of law? Correct Answer A, B, C, D and E should be convicted for house breaking by night, criminal trespass and dacoity read with Section 34, Indian Penal Code but only E should be convicted for rape