Judgment

Pattanaik, J.-Leave granted in both the matters.

2. These two appeals one by State of Kerala and another by the State Women’s Commission as well as the alleged victim lady are directed against one and the same order of the High Court of Kerala. By the impugned Judgment and Order dated 4th November, 1997 the Division Bench of Kerala High Court in exercise of its extraordinary jurisdic­tion under Article 226 of the Constitution of India has quashed the criminal proceedings as against five of the accused persons namely Shri O.C. Kuttan, Shri G. Mohanan, Shri S. Suresh Kaimal, Shri Tony Antony and Shri K.C. Peter, on coming to a conclusion that the uncon­troverted allegations made in the F.I.R. and other statements do not constitute the offence of rape.

3. On 23.7.96, Seena gave a vivid account as to how she was being eploited and sexually harassed by large number of accused persons under threat, coercion, force, alurement and on the basis of the said statement, a case was registered as Crime No. 5/96 of Vanitha Police Station, Ernakulam. The case was registered under Sections 366A, 372, 376 and 344 read with Section 34 IPC. The Police started investigating into the said allegat