(1.) ALL these three appeals were heard together and are being disposed of by this common judgment as all the three accusedappellants faced their trial together in S.T. Case No.78 -29 of 1992 for the offence under Section 376 (2)(g) and under Section 366 of the Indian Penal Code (for short the 'I.P.C.) and the learned Additional Sessions Judge in his judgment dated 16.4.1993 though acquitted all the appellants of the charge under Section 376 (2)(g) (for short the 'I.P.C.), but convicted them for the offence under Section 366 read with Section 34 of the I.P.C. and sentenced each of the appellant to undergo rigorous imprisonment for five years. The appellants being aggrieved with the said order of conviction and the sentence had filed three separate appeals.
(2.) THE case of the prosecution is that on 24.12.1991 the victim informant (P.W.6) along with her mother Padma Guru (P.W.9) in order to go to the house of her eldest sister boarded a bus from Jharsuguda to Sambalpur. The victim as well as her mother arrived at Sambalpur around 11.00 A.M. and while proceeding to the bus stand for catching the bus to Jamankira, near the taxi stand three boys around 12 Noon came in an Auto Rickshaw and forcibly made them to sit in that Auto Rickshaw with an assurance that they would drop them at Padiabahal. The driver of the Auto Rickshaw made P.Ws.6 and 9 to understand that the two other persons in the Auto Rickshaw would also go to Padiabahal and therefore believing the driver, P.Ws.6 and 9 agreed to travel in that Auto Rickshaw to Padiabahal. The F.I.R. further reveals that around 1.00 P.M. after crossing "Ken Ghati", the aforesaid three youths forcibly alighted P.W.9 from the Auto Rickshaw and thereafter took the Auto Rickshaw in a footpath and on seeing that P.W.6 when attempted to jump from the Auto Rickshaw, she was forcibly made to sit in that Auto Rickshaw and after a while those three persons stopped the Auto Rickshaw and forcibly carried P.W.6 to the paddy field where they removed her pant and she was made to lie on the paddy field and three miscreants one after the other forcibly ravished her. Whil ravishing P.W.6, those persons threatened her not to shout and if she does so she would be stabbed with knife for which the victim girl out of fear could not raise hullah. The F.I.R. further reveals that after she was sexually ravished by two youths and when the third person was having sexual intercourse with her, Police and villagers arrived there and on seeing them all the three miscreants while escaping from the spot, were chased by police and the villagers and in the process accused Md.Nisar and Ashis Kumar Kunar were nabbed but the third man, namely, accused Gulgula of Kumbharpada managed to flee. The informant narrated the incident before the O.I.C. Sadar Police Station, Satyanarayan Panda (P.W.12) at the spot orally, which P.W.12 reduced into writing and after returning to the police station formally registered the case. Investigation was taken up in right earnest. After receipt of the F.I.R. (Ext.11) the victim and the appellants were sent for medical examination, witnesses were examined and on completion of investigation getting prima facie materials against the appellants, charge sheet was placed against the three appellants to stand their trial.
(3.) THE plea of the three appellants was that of a complete denial of the occurrence and it is their further plea that they have been falsely entangled in this case. It is also the plea of the appellant Ashis Kumar Kunar that when he was acquitted in a case under Section 307, I.P.C.,police entangled him in this false case. It is the further plea of accused Md.Nishar that the victim and her mother wanted to go to Jamankira when he was at Sambalpur Bus Stand and they agreed to pay Rs.80 towards hiring the Auto Rickshaw. It is also his plea that on their way near Kenghati his Auto Rickshaw ran out of petrol for which he proceeded with a jerrican for bringing petrol and when petrol was not available, his friend proceeded in a scooter to bring petrol and when he returned back to his Auto Rickshaw found 8 -10 persons to have assembled there and charged him saying as to how he had come without petrol and thereafter, police arrived at the spot and brought him to the police station. It is also his plea that at the spot he was assaulted by public for which he was sent to the hospital.