STATE Vs. LAWRANCE BARLA AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the learned Chief Judicial Magistrate and Assistant Sessions Judge. Sundargarh, acquitting the Respondents of gang rape under Section 376 and further acquitting Respondent No. 1 of the charge under Section 366 -A, I.P.C.

(2.) THE prosecution case, in brief is that Amarmani (hereinafter referred to as 'the victim girl'), aged about 15 years, was serving as a waitress in the canteen of Utkal Machineries Ltd. of Kansbahal, under Rajgangpur Police Station of Sundargarh district, of which Respondent No. 1 was the contractor in the months of February and March, 1979. On 5 -3 -1979 at about 2.00 p. m. while she was working in the canteen, Respondent No. 1 asked her to go to a local market at some distance in order to purchase some vegetables. Accordingly she left the canteen premises alone and proceeded towards the vegetable market. Soon thereafter, Respondent No. 1 followed her in his motor -cycle. When both of them met, he proposed to the victim girl to come with him to his house at Rajgangpur for the purpose of cleaning and sweeping. Though at first she refused to accompany him apprehending that before sun -set she would not be able to return to her village Nuagaon, yet Respondent No. 1 gave her to understand that he would bring her back to Kansbahal in the motorcycle and there shall be no difficulty for her return to the village before sun -set. Accordingly, she accompanied Respondent No. 1 in the motor -cycle and arrived at his house at Rajgangpur. She engaged herself in cleaning the household materials and sweeping the house. At about evening a car came near the house of Respondent No. 1, the occupants of which were Respondent Nos. 2 and 3 who were officers of Utkal Machineries Ltd. Respondent No. 1 asked the victim girl to come inside the car so that all of them will leave for Kansbahal. The victim girl, however, had her own apprehensions to accompany the Respondents alone in the car, but she was forcibly put inside it by Respondent No. 1. Respondent Nos. 2 and 3 sat on the front seat and the latter drove the car Respondent No. 1 sat with the victim girl on the rear seat. Although the car proceeded towards Kansbahal, after a little distance it was turned towards the opposite direction and was driven towards Sundargarh. On the way Respondent No. 1 came away to the front seat and Respondent No. 2 went to the rear seat. Once he found himself near the victim girl, he not only started fondling her, but despite protest and struggle he, committed sexual intercourse with her. After he finished he came to the front seat and drove the car Respondent No. 3 came to the rear seat and similarly committed rape on the victim girl. After he finished, Respondent No. 2 again came over to the rear seat and for the second time raped her. After him, Respondent No. 1 similarly ravished her. Thereafter, they came back to Rajgangpur, took liquor and drove in the same direction to the same spot and all three of them repeated the performance and ravished the victim girl one after the other. After they had satisfied their lust, they came back to Rajgangpur and leaving Respondent No. 1 and the victim girl, they drove away towards Kansbahal Respondent No. 1 brought her with him walking all the way to her village Nuagaon covering a distance of 10 miles. With great difficulty, she traversed the distance because of pain and exhaustion.

(3.) THE defence, plea was denial of the allegations of kidnapping and rape. It was stated that the workers of the canteen, all Adivasis wanted it to be managed directly by the company so as to secure regular wages. As their attempt was frustrated by Respondent Nos. 2 and 3 who introduced Respondent No. 1 as the contractor, out of revenge a false case was foisted against them by setting up the victim girl.