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

Related Questions

Principle: 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.
Factual Situation: A, B, C and D who were unemployed, decided to loot the house of a rich businessman one night. When all of them were about to jump the Compound wall, D decided to remain at the gate and warn them, in case of any problem. A, B and C entered the house and took cash and gold ornaments. While coming out of the house B tripped on a rubber hose pipe creating a sound. By this the watchman who had otherwise asleep woke up. B suddenly took the rubber hose and strangled the watchman's neck thus killing him. Later all A, B, C and D were arrested and prosecuted.