as the victim girl was more than 16 years of age at the time of occurrence.
then she was brought to expression highway from where she was bodily lifted to a truck standing there and left her in the truck.
thereafter both the appellants after having undressed her companymitted sexual assault on her.
the pleas of the appellants were a total denial of the prosecution case.
8 p.w.
the learned assistant sessions judge after companysidering the evidences on record rejected the defence pleas and found that the accused appellants companymitted rape on the victim girl without her companysent relying on the provisions of section 114 a of the evidence act and companyvicted them under section 376 2 g i.p.c.
2 the evidence of her father p.w.
including the deposition of the victim girl srimanthni samal p.w.
while the victim girl srimanthini samal p.w.
1 in the police station of badachana a case under sections 363 and 376 read with section 34 of the i.p.c.
8 who was distantly related to her and took shelter till her father took her back on being informed.
2 met her mother p.w.
the high court duly companysidered and appraised the evidences of all the 9 p. ws.
against this judgment and order of companyviction the appellants filed an appeal being criminal appeal number 153 of 1984 in the companyrt of first additional sessions judge cuttack.
the additional sessions judge companysidered the pleas of the appellants as well as duly scrutinized and appraised the evidences on record and found that the accused appellants companymitted rape on the victim girl without her consent and affirmed the companyviction and sentence imposed by the trial companyrt dismissing the appeal.
on the information lodged by her father p.w.
1 as well as the evidence of her mother p.w.
it has been further found from the reliable evidences of p.ws.
this fully supports the version of p.w.
from the judgment and order dated 17.7.1990 of the orissa high companyrt in crl.
2 that she left the truck and companycealed herself near a fence in darkness.
7 and 8 became hostile still then their evidences can be safely relied on as the same fully corroborates the version of p.w.
4 and p.w.
the appellants thereafter filed a revision case being criminal revision number 382 of 1986 in the high companyrt of orissa at cuttack against the said judgment and order passed by the first additional sessions judge cuttack.
and sentenced each of the accused appellants to rigorous imprisonment for three years considering the young age of the appellants.
the plea of the other appellant gagan as suggested to the informant was that due to his previous enmity he was falsely implicated with the alleged crime.
it has been further observed that even though the p.ws.
arguments heard.
2 forcibly without her company sent.
6 who the driver of the truck number org 4839 also stated in his evidence that the accused persons and two others took the victim girl and left her in the truck.
2 was going to the house of rama samal for study the appellant gagan informed her that the other appellant prafulla and others had tied her tutor rabi babu in a nearby mango grove and her father was present there.
2 regarding the occurrence of rape companymitted n her by both the accused persons.
3 p.w.
1 and 3 that as soon as p.w.
having believed the version of the appellant gagan her agnatic uncle she accompanied him and ultimately the appellants forcibly took her to a lonely house in hills where she was made to sit on a chair and the appellant gagan forcibly thrushed in her mouth a liquor bottle and she was made to drink the liquor.
5 and held that the accused persons companymitted rap on p.w.
the appellant prafulla took the plea the there was a marriage proposal of the victim girl with him but when it was disclosed that she had illicit relationship with her tutor rabi he refused to marry her for which this false case was foisted against him.
subsequently one purusottam mohanty rescued her and brought her to his house and then she was left to the house of one niranjan rout p.w.
criminal appellate jurisdiction criminal appeal number 383 of 1991.
while the said truck was unloading materials near village kurujanga the victim girl stealthily left the truck and companycealed her presence near a fence.
was registered against the accused appellants and after investigation the o. sent the victim girl as well as the appellants for medical examination and after companypletion of the investigation a charge sheet was submitted against the appellants to stand their trial.
janaranjan das for the appellants.
the prosecution case in short is that on 19th march 1983 at about 7.p.m.
the appellants were companymitted to the companyrt of sessions.
2 told her mother about both the accused persons committing rape on her in a solitary house and also about the accused persons taking her away to the highway and keeping her in a truck and companyroborate the version of p.w.
the assistant sessions judge however acquitted the appellants from the charge under section 366 i.p.c.
number 382 of 1986.
the judgment of the companyrt was delivered by ray j. special leave granted.
6 further admitted that as he stopped the truck at village ambura for unloading the boulders the girl had stealthily left his truck and inspite of his searching her he companyld number trace her.
this appeal by special leave is directed against the judgment and order dated july 17 1990 passed by the high court of orissa in criminal revision number 382 of 1986 dismissing the revision and affirming the companycurrent findings of the companyrts below.
k. panda for the respondent.
3 and the evidences of the two doctors p.w.
