(1.) The appellants Tianbulu @ Dhrubendriya Mahakud and Swadhin Taria faced trial in the Court of learned Addl. Session Judge-cum-Judge, Special Court, Bargarh in Criminal Trial No.45 of 2005 for offences punishable under sections 342/376(2)(g) of the Indian Penal Code and section 3 (1) (xii) of SC & ST (PA) Act, 1989 (hereafter '1989 Act').
(2.) The prosecution case, as per the first information report lodged by P.W.3 Daitari Dehury is that on 20.06.2004 he and his wife had been to Bandapali village. At about 4.00 p.m. they returned home and found their daughter (hereafter 'the victim') was crying and when they asked the victim, the victim told that at about 130 p.m. the appellants asked her to give some water and suddenly they entered inside the house, gagged her mouth and closed the door and one after another committed rape on her and while they were leaving the house of the victim, the neighbour Rupadhar Chandan was taking rest on the verandah and seeing the appellants, the said neighbour came inside the house of the informant and found the victim in a naked position. The informant reported the matter before the Gram Panchayat and he was advised by the ward member as well as the villagers to report the matter in the police station and accordingly, he submitted the report.
(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellants under sections 342/376(2)(g) of the Indian Penal Code and section 3(1)(xii) of the 1989 Act on 20.02.2006 and since the appellants refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.