These are three consolidated appeals arising out of a Sessions trial held by the learned Additional Sessions Judge, U. A. D., at Dibrugarh. Appeal No. 48(J) of 1956 has been filed from Jail by the lour ac­cused persons (1) Kamakhya PraSad Agarwalla, (2) Khitish Chandra Das, (3) Badalananda Ganguli, and (4) Siddique Mohammad. Accused Kamakhya Prasad Agarwalla has Bled an appeal independently, it being Cr. Ap. No. 44 of 1956, and Badalananda Ganguli also has filed another appeal independently, it being Cr. Ap. No. 52 of 1956.

All these appeals were heard together, Kamakhya Prasad Agarwalla and Badalananda Ganguli being represented by learned advocates on their behalf; no­body, however, appeared on behalf of appellants Khitish Chandra Das and Siddique Mohammad. All the four appellants were found guilty of and convict­ed under Ss. 366 and 376, I. P. C. and sentenced to five years' rigorous imprisonment each on each count, the sentences running concurrently.

(2) The prosecution story is that on the night of 8-11-53, three persons Nirode Kumar Hemram, aged about 22, Roben Christian, aged about 25, and Jibon Christian, brother of Nirode, a boy of about 18, along with two minor girls, Musst. Ellis Merry and Musst. Prami Christian, alleged to be aged between 14 and 15, proceeded from Dangri Tea Estate to Daisa Tea Estate, a distance of about ten miles, to attend cer­tain cinema show, possibly an open performance, it being the night of the Kali Puja. P. Ws. Nirode and Jibon, along with the two girls, came from Dangri, and Roben Christian, who used to live in Talap Tea Estate and claims to be their relation, accompanied them, and the party reached Daisa T. E. by bus by about 8 P. M. in the evening.

After the show was over at about 2 A. M., the party wanted to board the lorry by which they had gone there, but finding it too congested because of Other passengers having already occupied it, they were compelled to proceed on foot, and so they did for nearly two hours, when they reached near Tipuk Tea Estate and were at a short distance from the Talap Railway Station, they saw the lorry coming once again on the second trip from the side of Daisa

Tea Estate and crossing them (the number of the lorry being given as ASJ. 2637).

The lorry stopped at a short distance after cross­ing Nirode and his companions, and then five per­sons, including the four accused, got down from the lorry and waited till Nirode and his party carne up to them.

They started talking with Nirode just to ascer­tain who they were and where they were going, and so on, and thus spent a short interval. But suddenly, as soon as they reached near the first Signal at Talap Station, these five men dragged and carried away the two girls. Musst. Ellis Merry and Musst. Premi Chris­tian, by show of force.

They showed daggers to the male companions who ran away in fright, and the girls were dragged away in spite of their protests. Khubang, Talap and Tipuk -these three tea gardens converge at this place. Nerode then came to -the Talap Railway Station and there met a gangman, P. W. 8 Lakhi Majhi, to whom he complained about the occurrence and reported that both the girls had been dragged away from their company by some five persons. Lakhi Majhi did not offer him any help.

Nirode, his brother Jibon, and Roben had to wait for some time near about the Station till it was morning, when Musst. Ellis Merry first made her ap­pearance and told them that two, out of the five, per­sons who dragged them, had ravished her and she had somehow escaped from the hands of a third man.

She, however, did not know what had happen­ed to the other girl, Musst. Premi Christian, who was dragged away in a different direction. Nirode allow­ed the girl Ellis Merry to proceed home with his brother Jibon, and he and Roben proceeded by train to the Doomdoomo Railway Station to lodge the first information report at the thana, which he did at about 10.10 A. M. on the morning of the 9th of November, 1953. Soon after, at