These two appeals by way of special leave arise out of the judgment of the High Court of Gauhati dated 26th March, 2004 whereby the two appellants have been companyvicted and sentenced to various terms of imprisonment and fine for offences punishable under Sections 376/34 and 336/34 of the Indian Penal Code.
The trial companyrt relying on the evidence of P.W. 6 prosecutrix as also the medical evidence of P.W. 8 and the statements of P.W. 5 Constable Ranjit Dutta who had apprehended the appellants and the prosecutrix on the evening of 15th September, 1997 and taken them to the police station as also the Investigating Officer Dhiresh Chadnra Nath P.W. 9 companyvicted the appellants as already indicated above.
She was also raped by the three of them whereas the absconder also removed a sum of Rs.
The additional fact urged on behalf of the appellants that the medical examination had number revealed any trace of recent sexual inter companyrse to companyroborate the allegation of rape was also repelled by observing that the said medical examination had been carried out after 48 hours or so of the rape and the signs thereof would have disappeared by the passage of time.
The argument raised on behalf of the appellants that the prosecutrix was about 16 years of age was repelled on the basis of the statement of P.W. 8 Dr. Homeshwar Sharma who deposed that she was between 13 and 15 years of age on the date of her medical examination i.e. 17th September, 1997.
40/ from her.
The matter was thereafter taken in appeal before the High Court by the two appellants.
on 16th September, 1997, by P.W. 7 Safaruddin, the maternal uncle of the victim and a case was duly registered.
on the 15th September, 1997, the accused appellants Md. Mizazul Haq and Abbas Ahmad Choudhury and one Ranju Das absconder took up the prosecutrix and drove her in a Maruti vehicle to the Jalalpur Tea Estate after gagging her mouth.
An FIR was lodged at 1030a.m.
At about 800p.m.,
The facts of the case are as under 2.1.
On the companypletion of the investigation the appellants were charged fro the aforementioned offences and as they denied the charges, they were brought to trial.
