JUDGMENT : R.N. Biswal, J. - The State of Orissa has assailed the judgment and order dated 9.2.1993 passed by the Asst. Sessions Judge, Phulbani in S.T. Case No. 17 of 1992 (S.C. No. 46 of 1992 D.C.) acquitting the accused-Respondent of the offence under Sections 376 and 376/114 of I.P.C. 2. Succinctly stated, the case of the prosecution is that on 19.12.1991 at about 4 P.M., P.W.3, an unmarried girl of village Srirampur went to her sister's house in the Colony Sahi of her village to cook food for her sister and her family members as her sister was ill. After cooking the food, when she was returning home at about 6 P.M., on the way near a jackfruit tree, accused Nakula Baliarsingh forcibly dragged her towards the nearby Ashram School and when she resisted, he physically lifted her to a room of that school, threw her on the ground, lifted her clothes, removed her under garment and mounting over her committed sexual intercourse. Even though P.W.3 tried her best, she could not wriggle out of his clutches. It is the further case of the prosecution that hearing the shrieks of P.W.3, when P.W.2 and one Subash tried to enter inside the school premises, the co-accused, Kia Pradhan prevented them from entering into it. So, both P.W.2 and Subash waited near the School gate, till P.W.3 came there weeping with dishevelled hairs and dress. On being questioned by P.W.2, she narrated the incident in detail. Then P.W.2 and Subash took P.W.3 to her house and disclosed the incident before her parents. On the next date, a village meeting was convened and the accused persons were asked to attend the meeting, but they became adamant and refused to attend it. So, on the advice of the Panch members, on the next day, P.W.1, the father of P.W.3, P.W.3 herself and some of their family members went to Kotgarh P.S., where P.W.1 orally reported the incident before the O.I.C. (P.W.4), who reduced the same into writing and treated it as F.I.R. P.W.4 read over and explained the contents of the F.I.R. to P.W.1, who finding the same to be correct put his signature thereon. As the allegation revealed a cognizable case, P.W.4 registered Kotgarh P.S. Case No. 56 of 1991 and took up investigation. As the allegation revealed a cognizable case, P.W.4 registered Kotgarh P.S. Case No. 56 of 1991 and took up investigation. In course of investigation, he examined the informant, the alleged victim and some other witnesses, visited the sport, prepared the spot map, sent the victim to Phulbani District Headquarters Hospital for medical examination and obtained the report in that regard. He also sent the accused Nakula Baliarsingh to Kotgarh Hospital for his medical examination, seized the wearing apparels of both accused Nakula Baliarsingh and the victim and prepared seizure list in respect thereof, sent the seized clothes, through S.D.J.M., Baliguda to State F.S.L., Rasulgarh for chemical analysis, arrested the accused persons, forwarded them to Court and after completion of investigation, finding a prima facie case, submitted charge sheet u/s 376 of I.P.C. against accused Nakula Baliarsingh and under Sections 376/114 of I.P.C. against the co-accused. The case having been committed to the Court of Session was transferred to the Court of Asst. Sessions Judge, Phulbani who framed charge under the aforesaid Sections and on denial of the charges by the accused persons, he conducted trial of the case. 3. The plea of the accused persons is complete denial of their involvement in the crime in question. It is the further plea of accused Nakula Baliarsingh that due to previous land dispute between his father and father of P.W.3, the case was falsely foisted against him. 4. In order to establish its case, prosecution examined four witnesses in all; of whom P.W.1 is the father of alleged victim, P.W.2 is said to have heard the victim shrieking, P.W.3 is the victim herself and P.W.4 is the I.O. The accused persons did not prefer to examine any witness. After assessing the evidence on record, the trial Court acquitted both the accused persons holding that there was no reliable evidence that accused Nakula Baliarsingh committed rape on P.W.3 and that the co-accused abated the commission of rape and that if at all, there was sex between accused Nakula Baliarsingh and P.W.3, the possibility that it was with the consent of the later could not be ruled out. 5. Being dissatisfied with the said judgment and order of acquittal, the State of Orissa has preferred the present appeal. At the outset, learned Addl. 5. Being dissatisfied with the said judgment and order of acquittal, the State of Orissa has preferred the present appeal. At the outset, learned Addl. Government Advocate submits that one of the grounds of not believing the prosecution case by the trial Court is that there was delay in lodging the F.I.R. As borne out from the evidence on record, the occurrence took place on 19.12.1991 at about 6 P.M. and the F.I.R. was lodged on 21.12.1991 at 7.00 P.M. On the next day of occurrence, a meeting was convened to settle the matter, but as the accused persons did not attend the meeting, it could not be materialized. On the succeeding day, i.e. 21.12.1991 as per the advice of Pancha members, P.Ws. 1, 3 and some of their family members went to Kotgarh P.S., where P.W.1 orally reported the incident to the O.I.C. (P.W.4), as per the instruction of P.W.3. So, the delay in lodging the F.I.R. was well explained. I am in one with the submission of learned Addl. Government Advocate in this regard. 6. Learned Addl. Government Advocate further submits that the trial Court disbelieved the allegation of sexual assault on P.W.3, mainly on the ground that no injury was found on the person of P.W.3 on medical examination. As per the prosecution case, occurrence took place on 19.12.1991. P.W.3 was medically examined on 23.12.1991 i.e. four days after the occurrence. The possibility that due to efflux of time, the signs of sexual intercourse got deleted cannot be ruled out. So, only because no injury was found on the person of P.W.3, it cannot be said that she was not sexually ravished on 19.12.1991. As found from the injury report (Ext.6), P.W.3 had not taken bath till 23.12.1991, when she was medically examined by the lady Asst. surgeon. But there was no sign of sexual assault like matting of public heirs on her. Moreover, as borne out from the evidence of P.W.3, though the floor on which she was thrown down was cemented one, there were some small pot-holes. surgeon. But there was no sign of sexual assault like matting of public heirs on her. Moreover, as borne out from the evidence of P.W.3, though the floor on which she was thrown down was cemented one, there were some small pot-holes. If in fact she was thrown down on such a floor and the accused Nakula Baliarsingh forcibly ravished her without her consent and against her will, she was expected to have some injuries on her back, because of friction with the floor, particularly when it transpires from the evidence of P.W.3 herself that the act continued for an hour. During Cross-examination P.W. 3 stated that she had shown the nail marks on her breast and the wound on her private part to the lady Asst. Surgeon while she medically examined her. So, as per her evidence, till she was medically examined on 23.12.1991 marks of injuries were there on her person. But Ext.6, the medical report, negatives the same. This document was admitted on consent of both the sides; so its authenticity can not be questioned. Moreover, there is no reason, why a Govt. official, that too an Asst.Lady Surgeion would furnish a false report. So the evidence of P.W.3 that she sustained injuries cannot be relied on. This part of her evidence shows that she was highly interested to see that the accused persons are convicted. 7. P.W.1 admitted that about 15 years back he had sold some lands to the father of accused Nakula Baliarsingh with full consideration, but the document was not registered. The plea of the accused Nakula Baliarsingh that due to land dispute between his father and the father of the alleged victim, the case has been falsely foisted can not be ruled out. For academic discussion, even if it is believed that accused Nakula Baliarsingh had sex with P.W.2 on the date and time of alleged occurrence, the possibility that it was with the consent of the latter cannot be ruled out. P.W.2 stated that hearing shrieks of P.W.3 inside a room of the Ashram School, he himself and Subash tried to enter inside the school premises and the room in question, but the co-accused Kia Pradhan, the cook of that school prevented them from doing that. So, they waited on the main gate of the school and some time after, P.W.3 came out weeping with disheveled hairs and dress. So, they waited on the main gate of the school and some time after, P.W.3 came out weeping with disheveled hairs and dress. It may be said that accused Nakula Baliarsingh co-habited with P.W.3 with her consent. Since they could sense that P.W.2 and Subhash knew it and were waiting near the school gate, accused Nakula Baliarsingh stealthily went away through the back door of the school and to prove her innocence P.W.3 wept at that sight of P.W.2 and Subash. Once accused Nakula is found not to have committed the offence u/s 376 of I.P.C., the charge u/s 376/114 against the co-accused automatically failed. 8. It is established principle of law that if the view taken by the trial Court is a plausible one, the Appellate Court should not interfere with it, even if a second view can be taken. In the present case, the view taken by the trial Court is a plausible one. Moreover, the alleged occurrence took place on 19.12.1991, the accused-Respondent faced the ordeal of trial till 9.2.1993 i.e. more than 2 years. The present appeal is pending before this Court since last 16 years. Taking into consideration, the overall facts and circumstances, I am of the view that it would not be proper to set aside the order of acquittal and record an order of conviction against the accused-Respondent. 9. Accordingly, the Govt. Appeal stands dismissed. The accused-Respondent are discharged of their bail bonds. Final Result : Dismissed