IMPORTANT POINTSWhen the two courts below arrive at irreconcilable conclusions on the same materials on records, it becomes indispensable for the Supreme Court to analyse the materials independently.
Evidence of hostile witness ought not stand effaced altogether in all eventualities. Can be accepted to the extent found dependable on a careful scrutiny.
Evidence of prosecutrix can never be taken as gospel truth.
Judgment of acquittal can be interfered only if found to be perverse.

JUDGMENT :

Amitava Roy, J.

Distressed by the reversal of their acquittal from the charge under Sections 366/376(g)/392 read with Section 34 IPC, as recorded by the trial court, the appellants have impeached the impugned judgment and order of their conviction rendered by the High Court in the State appeal.

2. We have heard Mr. Basava Prabhu S. Patil, learned senior counsel for the appellants and Mr. Joseph Aristotle S, learned counsel for the respondent-State.

3. The prosecution was set rolling by an oral report by the prosecutrix with the Sampangiramanagara Police Station between 2.00 A.M. and 3.00 A.M. of 11.10.1997, which was in Tamil language and was translated and recorded by S. Shiva Lingaia, ASI, whereafter a case was registered under Sections 366, 376(g), 392 r/w 34 IPC.

4. The prosecutrix revealed that she was a resident of No.81, Jasari Kaleeli, Rustum ji Compound, Richmond Road, Bangalore and was earning her livelihood by rendering services as a maid in the house of Shilpa Shetty at Shanti Nagar, Bangalore. According to her, because of the ill-treatment of her husband, she shifted to Bangalore about 8 months prior to the incident by separating from him.

She alleged that at about 7.30 P.M. in the previous evening, while she was coming back from work and was at the Richmond Park, an auto rickshaw, with two persons in it including the driver stopped by her side and she was pulled inside. According to her, after travelling some distance, two other persons also got into the auto rickshaw. The miscreants then blindfolded her, by her chudidar cloth and took her to an auto garage where there was no light. The prosecutrix stated that the abductors lit a candle, spread 2 seats of the auto rickshaw on the ground, laid her forcibly thereon and in spite of her resistance and objections, forcibly undressed her and raped her by turn. She disclosed that 3 of the four persons ravished her. Out of them, two committed the act twice and the third only once.

The prosecutrix further stated that one of the persons brought dosa and idli and also offered the same to her, whereafter they tried to repeat the same act, to which she protested for which she was kicked and fisted and further they snatched her Tali (mangalsootre) gold ear-studs. They then made her to wear her clothes, brought her in the auto rickshaw to a vacant place and discarded her. According to her, these violators were addressing each other as Raju, Venu, Parkash and Francis and claimed that she could identify them, if produced. Investigation followed and in the course thereof, the appellants were apprehended. The fourth person Francis could not be nabbed as he absconded. As a matter of fact, after the submission of the charge-sheet against the appellants, the trial was conducted by segregating the absconding accused. They denied the charge under the above provisions of law.

5. At the trial, the prosecution examined 11 witnesses and also marked several documents and exhibited material objects seized during the investigation. The appellants rendered their statements under Section 313 Cr.P.C. reiterating their innocence and also examined one witness in defence. The trial court, to reiterate, acquitted the appellants of the charges levelled against them. The High Court by the impugned decision has reversed the acquittal and the appellants thus stand convicted under Sections 376(g) and 392 IPC r/w 34 IPC and have been sentenced to suffer rigorous imprisonment for 10 years.

6. The instant adjudication being one to examine the tenability of the conviction of the appellants on the reversal of their acquittal, an independent assessment of the evidence on record is indispensable in the interest of justice, two courts of facts having arrived at irreconcilable conclusions on the same materials on records. It would thus be expedient, to analyse the evidence, oral and documentary before adverting to the rival arguments based thereon.

7. PW1, the prosecutrix on oath stated that she has a female chil