JUDGMENT :

K.B. Panda, J. - The five appellants stands convicted under section 366, India Penal Code and each of them has been sentenced to undergo R.I. for 2 years and to pay a fine of Rs. 1000/-, in default, to undergo R.I. for a further period of one year. Appellants 1, 2 and 3 have also been convicted under section 376, Indian Penal Code and sentenced as above, the sentence to run consecutively. It was reported while taking up the appeal that appellant no. 5 Ghasia Barado has died in the meanwhile on 27-9-1972.

2. Initially 7 persons were facing trial under sections 366/376/342/34/149, Indian Penal Code on the allegation that on 30-7-68 night the appellant with others (since acquitted) in furtherance of their common object kidnapped Palka Sabitri (P.W.4), who was alleged to be a minor under 18, from Krishna Cinema house at Parlakimedi in a rickshaw beyond the river Mahendratanaya and crossing Patapatanam Travellers' Rest House in an isolated place in a mango-grove, the first three appellants successively raped her. The story further goes that while appellant P. Krishna proceeded to rape her, she implored to be saved as she could not stand any further criminal assault. Thus while