KISHORE ORAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants in all these Jail Criminal Appeals faced trial for alleged commission of offence under Section 376(2)(g) of the Indian Penal Code in the Court of the AddI. C.J.M.-cum-Assistant Sessions Judge. Rourkela in S.T. No. 224/60 of 1996.

(2.) On. the basis of an FIR lodged by Laxmi Tirki(P.W.1) the criminal action was set in motion. Shorn of all unnecessary details. the short facts alleged in the said FIR were that on 10/5/1996 at about 9 p.m. taking advantage of a beautiful moonlit night, P.W.1 and her boy friend Birendra (P.W.7) along with her friend Marsha Lugun and her boy friend Sunil (P.W.5) were chatting with each other in a field near the house of one Clara Kor. The love birds were sitting apart from each other and were busy in the world of their own. After sometime P.W.1 and Marsha strolled towards a near by hillock and P.W.7 and P.W.5 followed them. Near the hillock P.W.1 and P.W.7. so also Marsha and P.W.5 again resumed their chatting. All of a sudden they heard the sound of some people approaching them. P.W.1 requested her boy friend P.W.7 to leave the spot. but he aid not agree. P.W.1 noticed that accused Sius alias Alexious Lakra (appellant in J.Cr. A. No. 20.1/98) approaching them. The said accused demanded to know what they were doing. Soon thereafter accused Nepali Binjhia alias Sekha (applicant in J.Cr. A. No. 200/98 arrived there and threatened P.W.1 and her friends saying that either he would take them to their houses or call their parents to that place. P.W.1 requested them to desist from doing so and leave them alone. At that time Lenga Oram (appellant No.2 in J. Cr.A. No. 199/98). Fulchand Ahir alias Nag (appellant in J.Cr. A. No. 198/ 98). Pramod Baga(appellant No.1 in J.Cr.A. No. 199/98). all belonging to village Hangamatia. and Siman alias Mangra Munda (appellant in Cr.A. No. 20.2/98) of Bartoli arrived there. All of a sudden. accused-appellant Sius caught hold of both the hands of P.W.1. gagged her mouth and dragged her towards a nearby stone quarry (Khadan). Though P.Ws. 5. and 7 protested. the. accused-appellants threatened them. Accused-appellant Sius forcibly undressed P.W.1 laid her down on the ground and had intercourse with her. After he finished his act. the other accused- appellants Namely, Nepali, Lenga. Fulchand. Mangra Kishore and Pramod had sexual Intercourse with P.W.1 one after the other. They threatened P.W.1 to kill her In case she reported the matter to police. Thereafter the accused appellants brought P.W.l with them left her near her house and left. P.W.1 sustained severe pain on her body and for 5/7 days could not move properly due to gang rape. She disclosed this fact to Clara Ekka who advised her to report the matter to her parents. On 29/5/1995 P.W.1 left for the house of her maternal uncle. She, disclosed the incident to her maternal uncle and aunt who in turn adviser her to report the fact to police. But due to her illness P.W.1 could not report the matter at the police station and after arrival of her father in the house of her maternal uncle. She disclosed the Incident to him and they decided to report the matter to police and lodged FIR at 3 p.m. on 2/6/1996 at the RaghunathpalU police station. P.W.1 was examined by a medical officer on police requisition. The accused-appellants was also medically examined after their arrest on police requisition. The incriminating materials, viz the wearing apparels of P.W.1 as well as of accused-appellants were seized by police and sent for chemical examination. The 1.0. visited the spot examined the witnesses recorded their statements seized the School Admission Register relating to P.W.1 and after completion of investigation submitted. charge-sheet against the accused-appellants.

(3.) Prosecution examined fourteen witnesses to prove its case. The prosecutrix was P.W.1 the 1.0. was P.W.12, the two medical officers who had examined the victim (P.W.1) and the accused- appellants were P.Ws. 2 and 3 respectively, the medical officer who had conducted the ossification test of the victim was P.W.14. the victims father was P.W.4, the Headmaster of the school where P.W.1 was reading was P.W.9, the witnesses to seizure of different articles were P.Ws. 8, 10. 11 and 13, the Constable ,who had accompanied the victim to hospital for medical examination was P.W.6 and the occurrence witnesses were P.Ws 5 and 7. On, behalf of defence, accused appellant Sius alias Alexious Lakra examined himself as D.W.3 and two other witnesses were examined.