B.C.RAY, S.C.AGRAWAL
Gagan Bihari Samal – Appellant
Versus
State Of Orissa – Respondent
JUDGMENT
B.C. Ray, J. - Special leave granted Arguments heard.
2. 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 No. 382 of 1986 dismissing the revision and affirming the concurrent findings of the courts below. The prosecution case in short is that on 19th March, 1983 at about 7 p.m. while the victim girl Srimanthini Samal (P.W.2) was going to the house of Ram a 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. 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. Thereafter both the appellants after having undressed her committed sexual assault on her. Then she was brought to express highway from where she was bodily lifted to a truck standing there and left her in the truck. While the said truck
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