SUNIL K. KOTWAL, J.

1. This Criminal Appeal is directed by State of Maharashtra against the judgment and order dated 28/7/1999, passed by learned Additional Sessions Judge, Jalgaon in Sessions Case No. 155/1998, acquitting the respondents (original accused No. 1 to 5) of the offences punishable under Sections 363, 366, 323, 504, 506 read with Section 34; and Section 376(2)(g) of the Indian Penal Code (hereinafter referred to as "I.P.C. for short).

2. Shorn of necessary details :-

Prosecution case in brief is that, at the relevant time of the occurrence, victim (P.W.1) was 16 years old, a student of 9th Standard. She used to reside at Muktainagar along with her parents. Smt. Kalpanabai (P.W.5) is the mother of victim. In the month of May 1998, after annual examinations, victim (P.W.1) came to Chalisgaon to the house of her maternal uncle Rajendra Dattatraya Sonar, who lived in Afu Lane. On 14/5/1998, the parents of the victim went to the hospital of Dr. Nikam at evening hours. Till 8.30 p.m. they did not return and, therefore, as per instructions of maternal aunt, victim went towards bicycle shop of her maternal uncle to call her parents. When she was proceeding through lonely lane near Ghat Road, that time, suddenly accused No.1 to 5 pressed her mouth and tied blind fold on her eyes. By auto-rickshaw No. MH-19/J-5178, accused took the victim towards Kannad Road (Ghat Road). Accused assaulted the victim by fists and kicks and threatened her to keep mum. When rickshaw was stopped at one place, that time the victim tried to rescue herself from the clutches of accused. However, they chased the victim and again apprehended her. By severely beating the victim, the accused persons again took her in the auto-rickshaw and took her outside Chalisgaon city by Kannad Road and took her in one lonely field which is on the eastern side of Kannad Road. Despite resistance by the victim, all the accused turn by turn committed rape on victim. During that scuffle, Salwar of the victim was torn at the groin portion. Even Gangawan (artificial set of hair) of the victim fell on the spot of the incident. Whenever victim tried to run away, accused assaulted her by fist blows. After satisfying their lust, again accused took the victim towards Chalisgaon city by same auto-rickshaw. By that time, Kalpana (P.W.5), mother of the victim approached to Police Station, Chalisgaon at about 11.00 p.m. and requested the police to search her missing daughter. P.S.I. Patil, who was in charge of the Police Station, directed A.S.I. Bhalerao (P.W.6) to help the parents of victim for taking search of their daughter. A.S.I. Bhalerao (P.W.6) was on night patrolling duty at Ghat Road Police Outpost and, therefore, initially he went to Ghat Road Police Outpost. At Police Outpost, A.S.I. Bhalerao (P.W.6) learnt from Police Constable Kureshi that one girl was taken towards field properties and she was crying for help. Police Constable Kureshi probably had that information from some unknown person. Therefore, A.S.I. Bhalerao (P.W.6) rushed towards field properties nearby Kannad Road by auto-rickshaw along with Police Constable Kureshi. On way, A.S.I. Bhalerao (P.W.6) noticed the approaching auto-rickshaw and, therefore, when he stopped it, accused No.4, who was sitting on the left side of rickshaw driver, i.e. accused No.1, bolted away from that spot. However, A.S.I. Bhalerao (P.W.6) and Police Constable Kureshi succeeded in apprehending accused No.1 to 3 and 5 in the same auto-rickshaw. When A.S.I. Bhalerao (P.W.6) enquired with victim (P.W.1) who was in the auto-rickshaw, she disclosed the occurrence to him. Therefore, A.S.I. Bhalerao (P.W.6), with the help of Police constable Kureshi, immediately took the victim and accused No.1 to 3 and 5 to Police Station, chalisgaon by the auto-rickshaw of the accused persons. When the apprehended accused No.1 to 3 and 5 were produced before P.S.I. Patil along with the victim, that time, on enquiry, the apprehended accused disclo