JUDGMENT :

B.P. Das, J. - This appeal has been filed against an order of acquittal and this Court by its order dated 7.1.1983 granted the leave to appeal in terms of Section 378(3), Code of Criminal Procedure.

2. The fact leading to this appeal is that on 2.12.1980 at about 10.30 P.M., the accused persons committed lurking house trespass by night by entering into the house of Liti Rout, pelted stones to his house causing simple, hurt to Rathu Bhumij, damaged the roof tiles of earthen pots, committed theft of an axe kidnapped Radha Rout, Hara Rout and Sumitra Majhi from their house at the point of knife and wrongfully confined the inmates of the house. Accused Sankar took the victim Radha to his house and committed rape on her. Accused Arabindo took the victim Hara Rout and committed rape in a field and subsequently in the house of the accused Sankar. Accused Karlus and Raju also committed rape on the victim Sumitra. The informant i.e. P.W.5, Liti Rout informed the police about the incident and the police rescued Radha and Hara from the house of accused Sankar. The victim girls as well as the accused persons were medically examined. After completion of investigation, charge-sheet was