Indian Kanoon - Search engine for Indian Law

P. Ws. 1 and 2 were the residents of Dubagadia within the limits of Dharamsala Police Station in Puri District. P.W. 1 was carrying a child and her pregnancy was running in the fifth month at the time of the incident. It is also admitted that the prosecutrix P.W. 1 was also a midwife and had served in that capacity with a Doctor. On April 19, 1972, the prosecutrix persuaded her husband P.W. 2 to take her to Nandaa Kanan for a pleasure trip. It appears from the evidence that Nandan Kanan was a beauty spot being constantly visited by tourists and other persons. There is a Rest House as also tourist lodges in Nandan Kanan. P. Ws. 1 and 2 reached Nandan Kanan in the afternoon at about 3.40 p. m. on April 19, 1972 and contacted the chowkidar of the Tourist Lodge for giving them accommodation. Fortunately since Lodge No, 4 was vaeat, P. W, 3 the chowkidar of the said Tourist Lodge allotted Lodge No. 4 to P. Ws. 1 and 2 after getting the necessary entries made in the accommodation register. Thereafter P. Ws. l and 2 went out for sight-seeing and returned to the Lodge at about 6.30 p. m. At that time a number of N. C. C. students including appellants 1 to 3 who were students of the Orissa University of Agriculture and Technology had also visited Nandan Kanan to practice horse-riding and were led by their Commander and other N. C. C. Officers. After nightfall P. Ws. 1 and 2 bolted their room from inside, spread the bed-sheets on the floor and started taking their dinner. While P. Ws. 1 and 2 were taking their dinner the appellants approached them through the window and requested them to open the door. The appellants are also alleged to have disclosed their complete identity to P.W. 2 who asked them to come after they had finished their food. The appellants then went away but returned soon thereafter and insisted that the door should be opened. P.W. 2 opened the door of the Lodge followed by P.W. 1. As soon as P.W. 2 had opened the door, A-2 and A-3 forcibly dragged away P.W. 2, through the verandah and took him to two trees about 15 feet away. Immediately thereafter A-1 entered the room, threatened P.W. 1 and after making her lie on the bed-sheet already spread on the floor, he is alleged to have raped her in spite of her protests. P.W. 1 felt pain all over the body. It is said that while A-1 had entered the room he was dressed only in a white-stripped towel and was wearing no other garment. The evidence on this point is by no means consistent, and we will refer to this part of the case a little later. After having raped P.W. 1, A-1 left the room and was soon followed by A-2 who also in spite of the protestation of P.W. 1 raped her. The prosecutrix is alleged to have shouted at the top of her voice but no one tried to protect her. While P.W. 2 was being detained by A-1 and A-3, P.W. 3 the chowki-dar arrived and found P.W. 2 sobbing. P.W. 3 then went away to inform his officers about the incident, After A-2 came out of the room. A-3 entered the room and Is said to have raped P.W. 1. While A-3 was raping the prosecutrix, P.W. 3 returned with P. Ws. 4, 5 and others and remonstrated with A-1 and A-2 who gave a call to A-3 to come out of the room as people had come. P.W. 2 was also released by A-1 and A-2 and soon thereafter p, W. 4 asked P, W. 2 to go into the room and bolt the same from inside. P.W. 4 asked the three appellants as to why they had left their lodge and come to Lodge No. 4. This led to some altercation in the course of which A-2 is said to have given a fist blow on the nose of P.W. 4 as a result of which P.W. 4 fell down. P.W. 3 informed P.W. 6 and a number of forest employees including P.W. 6 who also arrived at the scene, when P.W. 1 on being asked narrated the harrowing experience she had gone through. It appears that one of the persons who had arrived at the spot was the Forest Ranger AH who immediately brought the Police Assistant Sub-Inspector P.W. 12 at the spot. First Information Report was lodged by P.W. 1 before the A. S. I. at about 11.30 P. M. on April 19, 1972. Soon thereafter some articles in the nature of skirt and underwear of P.W. 1, a towel and a bed-sheet were seized and a search list was prepared On the morning of April 20, 1972, P.W. 1! was produced before the police station Chandaka where she was examined by P.W. 7 and was later produced before P.W. 8 Dr. (Mrs.) Mimati Padhi at about 5 P. M. P.W. 1 was also examined by P.W. 10 who was working as Professor and Head of the Department of Forensic Medicine and Toxicology, who admitted her as an kidoor patient for evacuation of the uterine contents. According to the Doctor complete evacuation was done on May 13, 1972. In other words, the prosecution case was that a few days after the incident the prosecutrix had an abortion which was really caused because of the rape committed by the three appellants one after the other and this formed the backbone of the prosecution case. We shall, however, point out that the Courts below did not consider that this aspect of the case was not only not proved but positively disproved by the medical evidence of P. Ws. 8 and 10 which has not been rejected by the Courts below on this ground. The Sessions Judge, however, seems to have entered into the realm of speculation in trying to explain away the effect of medical evidence.