S. C. DATTA, J. ( 1 ) THE appellants, who were six in number were tried in the Court of Additional Sessions Judge, Rourkela in S. T. No. 6/6 of 1993 for commission of offences under Section 376 (2) (g) and under Section 506/34, I. P. C. The accused persons were found not guilty of the charge under Section 506/34, I. P. C. and were acquitted. But they were found guilty of the charge under Section 376 (2) (g), I. P. C. and were convicted thereunder and sentenced to suffer rigorous imprisonment for a period of seven years. ( 2 ) THE case of the prosecution may shortly be stated as under:on 2-7-1992 which was the day of car festival the parents of the prosecutrix Kamal Samad went away to another village in the morning to look after their cultivation and in the afternoon at about 4 p. m. the victim girl along with her friends Sabe Soren went to Biramitropur to witness the car festival. While witnessing that festival, somehow they were separated due to havy rush and despite search the prosecutrix could not trace out her companion Sabe Soren. After witnessing the festival, while she was returning home alone she met some of her known boys viz. , Soresen, Kishore and another and joined them in returning to the village. When they reached near the N. A. C. office they noticed the accused persons standing and talking something among themselves. After they crossed, the accused persons followed them and surrounded Sorasen (PW-8 ). The prosecutrix and her two companions while proceeded ahead, the accused Sanju Gope and Jiden Topno came nearer them and offered to escort the victim girl to her house since they like her brothers as she has tied Rakhi on their hands previously. On this, Kishore and other boys left the place leaving the prosecutrix with Sanju Gone and Siden. Then accused Sanju and Jidan took her to Biramitrapur. It was then about 9 p. m. There the accused Sanju removed her wearing apparels and made her lie on the ground and committed rape on her. The accused Jidan followed him. The accused called the other four accused persons who arrived there and committed rape on her successively. The prosecutrix felt extremely tired due to successive forcible intercourse and was not able to resist them. The accused Jidan followed him. The accused called the other four accused persons who arrived there and committed rape on her successively. The prosecutrix felt extremely tired due to successive forcible intercourse and was not able to resist them. After some time she was helped by some of the accused persons to get up and they escorted her up to some distance and then went away. She returned home by 12' O' clock in the night. At home, he could not disclose the incident to any one out of shame. But later on, she wrote on a piece of paper about commission of rape on her by the accused persons and kept it on the table. Due to rape by these accused persons she sustained injuries on her breasts and other parts of her body and there was also bleeding from her private parts. She washed away her wearing apparels. As the accused persons had threatened her to kill if she would report the matter to Police, out of fear, she did not disclose the incident earlier to anyone. But on 17-7-1992 she reached the Police-station along with apparels and other records and lodged FIR (Ext. 1) narrating the incident. Consequently the case was registered and investigation started. During investigation, the prosecutrix as well as the accused persons were medically examined and their wearing apparels were also seized and sent for chemical examination. On completion of investigation, charge-sheet was submitted and eventually the accused persons faced trial before the learned Add itional Sessions Judge, Rourkela which ended in their conviction. ( 3 ) THE defence plea is one of complete denial. The accused persons have taken a common plea to the effect that on the date of occurrence after witnessing car festival, they noticed the prosecutrix and Soresen (PW-8) coming out of some hedge near the place called Mundia Bangela and arranging their dresses in proper order and when questioned by them the prosecutrix challenged them as to who they were to question her and she also threatened to set them right. The defence case is that for that a false case has been foisted against them out of grudge. The defence case is that for that a false case has been foisted against them out of grudge. The accused Halan Samad has taken a further plea that as the prosecutrix was of immoral character and had affairs with others for which they had cautioned her and on 15-7-1992 he had quarrel with the brother of the prosecutrix concerning the above matter and for these reasons she has falsely implicated him in this case. ( 4 ) THE trial proceeded and prosecution examined as many as 18 witnesses. It appears that PW-8 and PW-14 who were allegedly accompanying the prosecutrix on her way back home after witnessing the car festival did not support the prosecution case but have turned hostile. The learned trial Judge noticed that for some reason or other they have suppressed the truth and have sided with the defence. It appears that the conviction of the accused persons is based mainly on the evidence of prosecutrix (PW-1) and the evidence of the Doctor (PW-18) and other circumstantial evidence. The incident happened on 2-7-1992 in the evening and the FIR was lodged by the prosecutrix on 17-8-1992 at about 5 p. m. Therefore, there has been a delay of about 15 days in lodging the FIR. During trial the prosecutrix (PW-1) has narrated her case in the FIR. It has been stated that she had gone to witness car festival along with Sabe Soren but Seba was found missing in the crowd and as such she was returning home alone. The said Sabe Soren is now dead and this is not disputed by the defence. It is in her evidence that while she was returning home alone she met PW-8 and two companions and joined them to return to their village and on the way near the N. A. C. office these accused persons stopped them and the accused Sanju and Jidan proposed to escort the prosecutrix upto her house as Sanju was like her brother as she has tied Rakhi on his hand. On this her two companions left her in the company of Sanju and Jidan and went away. Thereupon these two accused persons took her to Brahmon-mera hill where accused Sanju removed her wearing apparels. Despite her protest, they committed rape on her and when the other five accused persons followed him successively. On this her two companions left her in the company of Sanju and Jidan and went away. Thereupon these two accused persons took her to Brahmon-mera hill where accused Sanju removed her wearing apparels. Despite her protest, they committed rape on her and when the other five accused persons followed him successively. The prosecutrix felt pain and in consequence thereof she could not make any protest but looked on helplessly to the crime being committed by them. On these facts there is absolutely no inconsistency, on contradiction or discrepancy between the evidence of PW-1 in Court and the version given out by her in the FIR. ( 5 ) IT appears from the evidence of the prosecutrix (PW-1) that being referred by Police she was examined by a Lady Doctor in the Rourkela Government Hospital for the injuries sustained by her. PW-18 is the Lady Doctor who had examined the prosecutrix at the hospital. On examination, PW-18 found the following injuries on the person of prosecutrix: (I) Abrasion-scale 1" x 1/10" on the middle of Shin of right tibia; (ii) abrasion-scar 1" x 1/10" on the middle of the left leg; (iii) Two croscentrix abrasions (nail marks) 1/2" x 1/10" on the left breast; (iv) Tear of hymen (lacerated wound) posteriorly situated 1/2 c. m. x 1/2 c. m. (v) Vaginal swab was preserved and on microscopic examination of the vaginal swab, epithelial cells were found present but spermatozoa was not found. " ( 6 ) ACCORDING to the Doctor the first three injuries were more than 14 days old and all were simple in nature and that the injury No. (iv) indicated that intercourse was done. In the cross-examination she opined that since the tear on the posterior hymen was healed up, the age of that injury or the probable time of intercourse could not be opined and that healing up process of such injury is usually completed within a week. This opinion indicates that the intercourse was done more than a week, prior to the medical examination of the prosecutrix. As a matter of fact she was medically examined 17 days after the alleged occurrence. This opinion indicates that the intercourse was done more than a week, prior to the medical examination of the prosecutrix. As a matter of fact she was medically examined 17 days after the alleged occurrence. Thus, the finding of the injuries on the prosecutrix, more particularly the nail marks on her breast which were more than 14 days old and the tear of hymen, which was more than a week old lend considerable support to the prosecution case and the evidence of the prosecutrix regarding sexual assault on her on or about the relevant date. ( 7 ) IT has been elicited from the evidence of the Doctor (PW-18) that in case of successive rape on a girl by 5 to 6 persons over a hard and rough surface while the girl is having no wearing cloth on her body, some abrasions are very likely to occur on her back. She had examined the prosecutrix thoroughly but did not notice any mark of abrasion on her back. It is contended by the learned counsel for the appellant that since the Doctor did not notice any mark of abrasion on her back, the story of sexual assault on her by the accused persons must be disbelieved. In this connection, it is worthwhile to remember that the prosecutrix is a girl of 19/20 years of age. She was over-powered by six young persons who indulged in sexual assault successively. She was writing in pain and looked on helplessly while the crime was being committed. It was a desolate place and the time of incident was 9 p. m. She could hardly offer any resistance to the culprits. She has however stated that she had sustained slight injuries on her back in course of sexual assault by the accused persons. It may be remembered that the medical examination was done 17 days after the occurrence. It might be that the superficial abrasions might have been healed up by this time. The Doctor (PW-18) in reply to Court's query says that superficial abrasions are healed up within seven days and the scab formed over it would fall within next seven days. This may be the reason for the Doctor not noticing any injury on the back of the prosecutrix. The Doctor (PW-18) in reply to Court's query says that superficial abrasions are healed up within seven days and the scab formed over it would fall within next seven days. This may be the reason for the Doctor not noticing any injury on the back of the prosecutrix. Learned trial Judge considered these aspects of the matter and held that absence of injury on the back of the prosecutrix by the time of her examination by PW-18 is of no consequence and for that the story of rape cannot be disbelieved, particularly when nail marks on her breasts and abrasions on other parts of the body which were of more than 14 days old and tear of hymen were found and the Doctor has affirmed that intercourse was done. It seems that the learned trial Judge was quite justified in coming to the conclusion. ( 8 ) IN the FIR it has been stated by the prosecutrix that she returned home at about 12 in the night when her brother were present. She could not tell anybody about the incident out of shame. But later on after the return of her parents she wrote a letter about the commission of rape by the accused persons and kept it on the table. It has been stated further that the accused persons held out threat to her saying that if she would lodge report with the Police they would kill her. According to the prosecution, the victim girl did not disclose it earlier because of threat held out by the accused persons. PW-4 is the mother of the victim girl. She had for the first time come to know about the incident after getting a note Ext. 2 written by the prosecutrix and kept by her on a table of their house. She then disclosed to PWs 2, 3 and 11. It is not disputed that Ext. 2 is in the hand writing of the prosecutrix. It was seized by the Police during investigation. It has been suggested by the defence that Ext. 2 was not in existence prior to lodging of the FIR and it was manufactured at the instance of Police on 18-7-1992 when it was seized only to create evidence against the accused persons. It appears that the trial Court had given cogent reasons for not disbelieving this note Ext. 2. It has been suggested by the defence that Ext. 2 was not in existence prior to lodging of the FIR and it was manufactured at the instance of Police on 18-7-1992 when it was seized only to create evidence against the accused persons. It appears that the trial Court had given cogent reasons for not disbelieving this note Ext. 2. I find that the reason advanced by the trial Judge is quite sound and as such is acceptable. I need not repeat those reasons. ( 9 ) EVEN keeping apart this Ext. 2, there is enough evidence to show that rape had been committed by the accused persons on the day of incident i. e. on 2-7-1992. It is in the evidence of PW-4 that on enquiry the victim narrated the entire incident to her and who in turn narrated the incident to the other members of the family. It is noticed that this evidence of PW-4 had remained completely unchallenged in her cross-examination. Likewise, PWs-2, 3 and 11 have stated that they had come to know about the commission of rape by the accused persons on PW-1 from PW-4. The evidence of these witnesses lend considerable support to the testimony of the prosecutrix regarding commission of rape on her by the accused persons. ( 10 ) AS noticed earlier, PW-8 and PW-14 did not support the prosecution case but have turned hostile. They have dis-credited themselves by resiling from their earlier statement made to the Police during investigation. It appears that there has been no attempt on the part of the prosecutrix to develop or improve the case as stated in the FIR. Her evidence is quite consistent, clear and unequivocal. I find nothing to disbelieve her testimony. ( 11 ) NEXT, the question of delay in lodging the FIR requires consideration. Admittedly, there has been delay of 15 days in lodging the FIR. The incident happened on 2-7-1992 and the FIR was lodged on 17-7-1992. In the FIR it has been stated that since the accused persons had held out threat to her that in the event she reports the matter to the Police she would be killed and that was the reason why she could not lodge the FIR earlier. She has further stated in the FIR that out of shame she could not disclose the incident earlier to her family members. She has further stated in the FIR that out of shame she could not disclose the incident earlier to her family members. We are, therefore, to examine whether the delay in lodging the FIR was satisfactorily explained. During trial the prosecutrix has introduced a new story that one Saban Samed, who happens to be the paternal uncle of the father of the prosecutrix was the head of the family and without consulting him they usually do not take any bold decision and that the said Saban Samad was away from the village during the relevant period having gone to Deogarh to look after his cultivation work and one or two days prior to lodging of the FIR he returned to the village and came to know about the incident and took time for a day or two to think over the matter and thereafter he advised to report the matter to Police and then only the FIR was lodged. This part of the story as advanced by the prosecutrix during trial has been disbelieved quite rightly, by the trial Judge. ( 12 ) AS noticed earlier the delay in lodging the FIR has not been satisfactorily explained by the prosecution. Then the question arises as to whether because of the delay in lodging the FIR the entire prosecution case would fail. In this connection it may be remembered that the effect of delay in lodging the FIR cannot be generalised irrespective of one nature of the case. On the other hand, it must vary depending upon the peculiar facts, nature and circumstances of each case. In some cases delay may be inevitable, such as, cases involving offences against the chestity, modesty, and honour etc. of women, inasmuch as the victims of such offences as well as their family members usually take some time to decide whether or not the matter should be reported to the police; whereas in other nature of cases such as murder, arson, dacoity, theft, hurt etc. prompt lodging of the FIR is highly desirable and if the delay in such cases is not satisfactorily explained, it would naturally affect the prosecution case adversely. The reasons as to why delay occurs in cases involving offences against chestity, modesty, honour etc. prompt lodging of the FIR is highly desirable and if the delay in such cases is not satisfactorily explained, it would naturally affect the prosecution case adversely. The reasons as to why delay occurs in cases involving offences against chestity, modesty, honour etc. of women, can be gathered from what has been laid down by the Apex Court in the case reported in 1983 Cr LJ 1096 : ( AIR 1983 SC 753 ). (Bharwada Bhoginbhai Hirjibhai v. State of Gujarat ). In that case several factors have been laid down and it has been observed that in view of those factors the victims of sexual offences and their relatives are not too keen to bring the culprits to book and when in the face of those factors the crime is brought to light, there is a built-in assurance that the charge is genuine rather than fabricated. It has been held by the Apex Court that rarely will a girl or woman in India make false allegations of sexual assault. It has been further held that because of the delay alone a Court should not refuse to act on the testimony of a victim of a sexual assault. In the same decision, 1983 Cr LJ 1096 : ( AIR 1983 SC 753 ) (Supra), it has been observed as follows (at page 1099 of Cri LJ) :-"in the Indian setting, refusal to act on the testimony of a victim of sexual assault in the absence of corroboration as a general rule, is an adding insult to injury. Why should the evidence of the girl or the woman who complaints of rape or sexual molestation be viewed with the aid of spectacles fitted with lenses tinged with doubt, disbelief or suspicion? To do so is to justify the charge of male chauvinism in a male dominated society. "keeping in mind the principles enunciated by the Apex Court as above, I find that the testimony of the prosecutrix though remained uncorroborated is clear and cogent and straight forward. The learned trial Judge is, therefore, justified in ignoring the delay in lodging the FIR and believing the testimony of the prosecutrix with regard to the sexual assault on her. "keeping in mind the principles enunciated by the Apex Court as above, I find that the testimony of the prosecutrix though remained uncorroborated is clear and cogent and straight forward. The learned trial Judge is, therefore, justified in ignoring the delay in lodging the FIR and believing the testimony of the prosecutrix with regard to the sexual assault on her. ( 13 ) THE defence has taken another plea to the effect that the prosecutrix was of loose or objectionable character and for that reason the accused persons were raising objections about her character and this led to a quarrel between the brother of the prosecutrix and one of the accused on that issue. It is submitted that because of the quarrel the accused persons have been falsely implicated. It may be observed that the alleged objectionable or loose character of the prosecutrix is of no reliance in the offence of this nature. A woman may be of immoral character and yet if sexual intercourse is committed with her against her will or without her consent, the person committing the intercourse must be held to be guilty of the offence of rape. Even a prostitute is entitled to preserve her modesty. It appears that the learned trial Court has elaborately dealt with the point and rightly negatived the contention raised in this behalf. ( 14 ) ON scrutiny of the evidence, it appears that there is absolutely no material to show that the present prosecution is outcome of the village quarrel or political rivalry, nor any motive has been proved for false implication. It is unthinkable that because of the reason assigned by the defence the victim or her family members would go to the extent of inventing such a story of sexual assault spoiling the chestity, character and honour of the prosecutrix by which her future would be marred. The victim is only 19/20 years of age and is still unmarried. The complainant party members are unsophisticated rural people and taking advantage of the situation and helplessness of victim, the accused persons committed rape on her one after another at a lonely place in the evening. Therefore, on an overall analysis of the evidence and having regard to the probability of the case, it is found that the trial Judge arrived at just and correct conclusion. Therefore, on an overall analysis of the evidence and having regard to the probability of the case, it is found that the trial Judge arrived at just and correct conclusion. In that view of the matter, I think the appeal is devoid of any merit and as such is liable to be dismissed. ( 15 ) IN the result, the appeal fails and is dismissed. Appeal dismissed. .