Judgment VINOD PRASAD, J. Challenge in this appeal by the two appellants, Md. Babu(A1) and Md. Israel(A2), is to the impugned judgment of their conviction and order of sentence dated 23.12.2005 recorded by Additional Sessions Judge, district Jharsuguda, in S.T.No. 37 of 2005, State versus Md. Babu and another, relating to P.S. Jharsuguda, vide G.R.P.S. Case No. 45, by which learned trial Judge has convicted both the appellants U/Ss 394, 376(2)(g) I.P.C. and, for the former charge sentenced both of them to 3 years RI with fine of Rs.2000/-and in default of payment of fine to serve 6 months additional rigorous imprisonment. For the later offence, while appellant Md. Babu(A1)has been sentenced to imprisonment for life with fine of Rs.2000/-,(A2) has been sentenced to 10 years RI with the same amount of fine. In default both of them have been ordered to undergo 1 year additional rigorous imprisonment. Appellant no.1 has also been convicted u/s 377 I.P.C. and has been sentenced to serve 5 years RI with Rs.2000/-fine and in default in payment thereof to undergo 6 months further rigorous imprisonment. 2. At the very out set we record here that learned counsel for the appellant made a statement that so far as Md. Israel (A2) is concerned he has already served his sentence and has been released from jail and consequently the appeal preferred by Md.Israel (A2) has become infructuous. We, in such fact, dismissed the appeal of Md. Israel as infrutuous and have considered the appeal of Md. Babu(A1) only. 3. Eschewing not so relevant facts, discernible prosecution allegations against both the appellants, as was slated in the FIR Ext.10, stated during investigation and deposed in the trial, reveal that on 11.9.2004 victim informant prosecutrix/P.W.8, travelled by Alepee -Bokaro Express train from Raygada and got down at Jhasuguda railway station at 5 a.m. accompanied by Akhaya Kumar Khora/P.W.12, who is the younger brother of her would be husband/ beloved. From the railway station they boarded in the rickshaw of Shyam Kanta/P.W.13, to come to bus stand to catch a bus for Sundargarh. En-route, when their rickshaw arrived near the main road, two persons, one tall and one short, later on identified as (A1) & (A2),appellants herein, surrounded the rickshaw from both the sides. From the railway station they boarded in the rickshaw of Shyam Kanta/P.W.13, to come to bus stand to catch a bus for Sundargarh. En-route, when their rickshaw arrived near the main road, two persons, one tall and one short, later on identified as (A1) & (A2),appellants herein, surrounded the rickshaw from both the sides. (A1) carrying a Bhujali, and (A2) wielding a pistol forced the rickshaw puller/P.W.13 to take rickshaw to a nearby dark area adjacent to the two dilapidated abandoned houses and a butcher’s shop, and after reaching there both of them robbed PW12 of Rs.500/-snatching it from his pocket. Thereafter (A1) asked victim/ informant/P.W.8 to get down from the rickshaw and on her resistance pulled her down, carried her to the abandoned house and there filthily abused her and forcibly undressed her below her waist by removing her attires inspite of the fact that victim begged him to spare her as she was in her menstrual cycle and so no sexual act be committed with her. PW 12 also vainly beseeched to spare the victim informant seeing her in sanitary napkin but he was hit by pistol butt by (A2).Md.Babu (A1) thereafter committed unnatural sexual anal intercourse with the victim. Thereafter victim was brought to butcher’s stall nearby where, in spite of her protest, (A1) forcibly raped her. Meanwhile dawn twilight and bustling of people started and therefore both the accused threatened the victim/PW8, PW12 and 13 to leave the place silently otherwise they would be annihilated and hurling such a life threat both the accused escaped from the incident scene. This humiliating incident was witnessed by rickshaw puller/PW13 & Akshaya/PW12.In the same rickshaw victim and PW12 then came to bus stand and from there went to the house of victim’s friend Suman Kujur/PW18, where prosecutrix victim narrated to PW18 the ignominious incident and also telephonically informed her would be husband Hiroda Kumar Khora/PW9. Informant/victim/PW8 and PW12 then came to Sundargarh by bus where PW9 received them at the bus station and brought them to her house. Victim, thereafter went to doctor Karunakar Patel, Gynaecologist/PW16 who, after examining her gave her some medicines. Informant/victim/PW8 and PW12 then came to Sundargarh by bus where PW9 received them at the bus station and brought them to her house. Victim, thereafter went to doctor Karunakar Patel, Gynaecologist/PW16 who, after examining her gave her some medicines. Because of excessive pain victim was unable to move and therefore only in the evening she could manage to go to Sundargarh town police station , where she tried to get her FIR registered but was advised by D.S.P. Swain to approach Jharsuguda town police station and consequently victim came to Jharsuguda town police station accompanied by a police constable. From said police station she was directed to G.R. P.S. as the crime was committed within territorial jurisdiction of that police station where ultimately her scribed FIR, Ext.10, which contained her signature Ext. 10/1, was registered as crime no. 45, U/Ss 394/376(2)(g)/377/397, I.P.C. and 25/27 Arms Act, on the following day of the incident i.e., on 12.9.94 at 10.50p.m. Cloths worn by informant prosecutrix including her napkin are material exhibits MO I to VI, which where seized by the police vide seizure list Ext.11 and victim’s signature thereon is Ext. 11/1. Victim/ PW8 further proved signature of her beloved/PW9 and of her cousin brother Prabal Jyoti Minz as Exts.11/2 & 11/3. 4. Jagajeevan Patel, O.I.C. of G.R.P.S., Jharsuguda,/P.W.17, registered the crime and immediately setting a foot the investigation penned down victim/P.W.8, statement, visited the spot and prepared spot map Ext. 22 and sent the victim/informant to the Headquarter Hospital, Jharsuguda for her medical examination. P.W.12,after his interrogation was also sent for his medical examination vide requisition no. Ext. 21/2. On the following day i.e. on 13.9.2004 P.W.17, the first I.O., also seized wearing apparels of the victim-informant vide Ext.11 and slated statements of the seizure witnesses. The rickshaw puller/PW13 was searched and his statement was also inked by the I.O., who thereafter collected samples of vaginal swab and pubic hair on production by lady constable C/352 Sanjita Samal/PW4 and C/283 D.Bankar and prepared their seizure list vide Ext.3. On that very day at 2 p.m., (A1) and (A2) were arrested and their personal search brought out Rs.400/-(rupees four hundred) and a Bhujali,(M.O.VII) from(A1) and one iron punch(M.O.VIII) and a multi tec cutter(M.O.X)and one barber razor(M.O.IX) from (A2) vide two seizure memos Exts. On that very day at 2 p.m., (A1) and (A2) were arrested and their personal search brought out Rs.400/-(rupees four hundred) and a Bhujali,(M.O.VII) from(A1) and one iron punch(M.O.VIII) and a multi tec cutter(M.O.X)and one barber razor(M.O.IX) from (A2) vide two seizure memos Exts. 15&16.Vailing their faces both the accused were dispatched for their medical examinations which could not be done that day therefore, P.W.17 incarcerated them in penitentiary and following day again sent them for their medical examinations. Post their medical examinations the I.O. P.W.17 seized their wearing apparels vide seizure memos Exts. 4/1 and 5/1. Thereafter specimens of their semen and pubic hair were collected, which were sent by Dr. O.P.Patel, vide Ext. 17. Under Vail both the accused were produced before the Magistrate with a request to conduct their T.I. Parade. On 16.09.2004, P.W.17 made a prayer to the court to send the material exhibits for chemical examination vide Ext. 23. The chemical examination report vide Ext.24 was received in the court. On 18.09.2004 the I.O. seized the caste certificate produced by the victim/P.W.8 vide Ext.9 and thereafter converted the case under SC/ST (PA) Act and after that forwarded a report to the Superintendent of Police, Railways to transfer the investigation to an officer not below the rank of Deputy Superintendent of Police for investigation. The rickshaw on which the victim and P.W.12 had travelled was also seized by the I.O. vide seizure memo Ext.18 and thereafter the rickshaw was handed over in the custody of it’s puller P.W.13 vide custody memo Ext.25. After appending injury report of Akhaya Kumar Khora/P.W.12,in the case diary, further investigation of the crime was handed over to Sri Raj Kishore Choudhury, Deputy Superintendent of Police/ P.W.19. 5. Carrying out the investigation further, the second I.O. P.W.19 examined the victim/informant/P.W.8, Akhaya Kumar Khora/P.W.12, Dr. K.K.Patel/P.W.16, Minakshi Xalxo/P.W.1, Suman Kujur/P.W.18 and seizure witnesses including Hiroda Kumar Khora/P.W.9. The D.S.P., Railway/P.W.19 also seized the prescription issued by Dr. K.K.Patel and medical certificate of the victim girl, caste certificate of P.W.12 and gave them in the custody of P.W.8, seizure list of these documents is Ext.12 and handing over the same is vide custody memo Ext.13. K.K.Patel/P.W.16, Minakshi Xalxo/P.W.1, Suman Kujur/P.W.18 and seizure witnesses including Hiroda Kumar Khora/P.W.9. The D.S.P., Railway/P.W.19 also seized the prescription issued by Dr. K.K.Patel and medical certificate of the victim girl, caste certificate of P.W.12 and gave them in the custody of P.W.8, seizure list of these documents is Ext.12 and handing over the same is vide custody memo Ext.13. The chemical examination report from RFSL, Rasulgarh was received to P.W.19, which he made part of the C.D. and thereafter he moved an application for grant of sanction for the prosecution of the accused under sections 25 & 27 Arms Act. Sanction was accorded by the then District Magistrate vide Ext.26. Medical certificates of the victim and injured as well as the accused persons were also received by the second I.O., who included them in the case diary. Result of the T.I. Parade conducted by the Judicial Magistrate, First Class, Jharsuguda/P.W.14 was also received to the second I.O. Doctors’ opinion was also forwarded to him, which he also made part of the case diary. Having found credible evidence against the accused persons and prima facie case being disclosed, the second I.O./ P.W.19 charge sheeted both the accused,(A1)&(A2) for the aforementioned offences. 6. The first medical examination of the victim was conducted by Dr. K.K.Patel/P.W.16 on 11.09.2004 at 7 a.m. According to him he had found tenderness and redness (inflammation) around her anus and tenderness in labia minora and labia majora. The doctor was informed by the victim that the cause of inflammation and redness was due to the sexual assault upon her near the railway station, Jharsuguda. The medical prescription issued by this doctor for the medicines is Ext. 14. 7. Subsequently after registration of the case, the victim was examined by Dr. Silwanti Jojo, Pathology specialist/P.W.6, on 13.09.2004. Dr. Jojo found multiple abrasions red in colour present in and around the anus of size ½” x ½” to ½” x ¼”. Mild bleeding was present in the vagina. Hymen was intact with deficient posteriorly. Doctor had collected vaginal swab and pubic hairs and handed over it to the police constable accompanying the victim. X-ray was taken and was sent for radiological examination through P.W.17 to Jharsuguda. The report of P.W.6 regarding examination of the victim is Ext.6 and Ext.7 is the forwarding letter to send the X-ray report film for radiological examination. Doctor had collected vaginal swab and pubic hairs and handed over it to the police constable accompanying the victim. X-ray was taken and was sent for radiological examination through P.W.17 to Jharsuguda. The report of P.W.6 regarding examination of the victim is Ext.6 and Ext.7 is the forwarding letter to send the X-ray report film for radiological examination. Report of the doctor Ext.8 confirms that the injury sustained by the victim on and around her private parts could be caused by forceful insertion of the male organ. Purna Chandra Mallik, ASI/ P.W.3 and constable Sanjita Samal/ P.W.4 had brought the collected vaginal swab and pubic hairs to the first I.O. P.W.17, collected by Dr.Silwanti Jojo/P.W.6 on 13.09.2004 vide seizure list Ext.3. The caste certificate regarding the victim and the accused persons have been proved by Giridhari Patel/ P.W.7. On perusal of these certificates it becomes manifest that the victim belongs to ST and both the accused are Muslims by caste. 8. T.I. Prade of both the accused was conducted by Miss. Pratima Panda, Civil Judge Junior Division/P.W.14, who was also functioning as Judicial Magistrate, First Class, Jharsuguda. On 17.09.2004 Superintendent, Sub-Jail, Jharsuguda had made necessary arrangements for conducting T.I. Parade inside the jail. Taking precaution that no witness could see the accused prior to T.I. Parade and taking all other precautions including mixing of twenty other people of similar description that P.W. 14 conducted the T.I. Parade of both the accused persons one by one. In the aforesaid T.I.Parade both the informant/victim/P.W.8 as well as the injured Akhaya Kumar Khora/P.W.12 correctly identified both (A1) & (A2). The informant/victim further identified (A1) as the person who had committed rape on her and was carrying a Bhujali at the time of the incident. At the time of conducting the T.I.Parade no police officer or police personnel was allowed to be present inside the room. 9. Learned Additional Sessions Judge/Trial Judge charged (A1) with offences under Sections 394,376(2)(g), 377, I.P.C. and 3(2)(v) of the SC/ ST(P.A.) Act on 26.04.2005 while(A2), on the same day, was charged with offences under Sections 394, 376(2)(g), 397, IPC and 27 of the Arms Act and 3(2)(v) of the SC& ST (P.A.) Act. 9. Learned Additional Sessions Judge/Trial Judge charged (A1) with offences under Sections 394,376(2)(g), 377, I.P.C. and 3(2)(v) of the SC/ ST(P.A.) Act on 26.04.2005 while(A2), on the same day, was charged with offences under Sections 394, 376(2)(g), 397, IPC and 27 of the Arms Act and 3(2)(v) of the SC& ST (P.A.) Act. The aforesaid charges were read over and explained to both the accused persons who denied the same, pleaded not guilty and claimed to be tried and resultantly in the concerned Sessions Trial No.37 of 2005, State vs Md. Babu and another, their trial commenced. 10. In order to substantiate appellant’s guilt and prove the charges, prosecution relied upon oral testimonies of nineteen witnesses and tendered twenty-five exhibits and seven material objects. Out of these nineteen witnesses, informant/victim/P.W.8, injured/P.W.12 and rickshaw puller/ P.W.13are the eye witnesses of the entire episode. Suman Kujur/P.W.18(friend of the victim), four doctors Dr. K.K.Patel/P.W.16(examined the victim at the first instance), Dr. S.Jojo/P.W.6(examined the victim after registration of the F.I.R.), Dr. S.Dani/P.W.15(examined injured Akhaya Kumar Khora) and Dr. Omprakash Patel/P.W.2(examined the accused-appellants) are expert witnesses. Minakshi Xalxo/P.W.1 is the maid servant of the victim, who had washed victim’s clothes (M.O.-I to M.O.-IV). Police Constables/ P.Ws.3& 4 had brought vaginal swab and pubic hairs collected by the doctor to the O.I.C, GRPS-P.W.17. P.W.5 is a seizure witness of Ext.4 whereas P.W.7 had seized the caste certificate of the victim and prepared seizure listExt.9. Hiroda Kumar Khora/P.W.9 is would be husband of the victim, ASI of GRPS, Jharsuguda/P.W.10 had proved the seizure memo Exts. 15 and 16 regarding the seizure of money, Bhujali, gun and other articles recovered from the accused persons. Caste certificate vide Ext.19 in respect of both the accused persons was given by P.W.11. Judicial Magistrate, First Class, Jharsuguda/ P.W.14 had conducted T.I.Parade. Jagjeevan Patel/P.W.17 is the first I.O. and while second I.O. is P.W.19. In their defense, both the accused, (A1)&(A2) have not examined any witness. 11. Caste certificate vide Ext.19 in respect of both the accused persons was given by P.W.11. Judicial Magistrate, First Class, Jharsuguda/ P.W.14 had conducted T.I.Parade. Jagjeevan Patel/P.W.17 is the first I.O. and while second I.O. is P.W.19. In their defense, both the accused, (A1)&(A2) have not examined any witness. 11. As stated in the opening paragraph of this judgment, learned Additional Sessions Judge, Jharsuguda/ trial Judge, vide impugned judgment and order dated 23.12.2005, found both the appellants guilty of charges under sections 394, 376(2)(g), I.P.C. as both the charges were established beyond any reasonable doubt and therefore, convicted them for those offences and sentenced them as already mentioned herein above.(A1) was also found guilty of charge u/s 377 I.P.C. and therefore, was convicted and sentenced as above. Learned trial judge, however, acquitted both the accused of charges under sections 397, I.P.C. and 27 Arms Act and 3(2)(v) SC & ST(P.A.) Act. It is this judgment by the learned trial judge which has now been question by both the appellants in the instant appeal. 12. In support of the appeal we have heard Sri R.K.Pradhan, learned counsel for the appellants and for the respondent’s case Mr. J.P.Pattnaik, learned Additional Government Advocate has addressed us. 13. While castigating and snipping the impugned judgment of conviction and sentence, learned appellants’ counsel contends that since there is discrepancy in the statements of two doctors concerning the injuries sustained by the victim on her private parts, the prosecution case is not believable. Therefore, he submits that there is no reliable evidence on the record to establish the charge of gang rape and therefore, conviction under section 376(2)(g), I.P.C. of both the appellants is unsustainable. It is further submitted that the T.I.Parade was not conducted in a proper manner and therefore, no reliance can be placed on such identification. Next it was urged that the time of the incident was in the darkness and therefore, it was not possible for the victim to have identified the accused-appellants correctly and resultantly, her testimony cannot be believed to nail-in both the appellants, who have been foisted in the crime due to suspicion. Next it was urged that the testimony of the fact witnesses are embellished, contradictory and exaggerated and therefore, no reliance can be placed as none of them can be said to be wholly truthful and reliable witnesses. Next it was urged that the testimony of the fact witnesses are embellished, contradictory and exaggerated and therefore, no reliance can be placed as none of them can be said to be wholly truthful and reliable witnesses. With above submissions, learned appellants’ counsel incisively urged that the appeal to be allowed and conviction of both the appellants be set aside and they be acquitted of all the charges and be set at liberty. 14. Submitting conversely, learned Additional Government Advocate countenance the impugned judgment and the reasons recorded by the learned trial judge and argues that the victim had no axe to grind against the both the appellants and since she had no motive to falsely implicate, she has to be bracketed as an independent witnesses who had suffered most inhuman and humiliating assault on her honour and therefore there is total absence of any reason to discard her testimonies. The closeness in which the entire occurrence occurred for a sufficiently long period leaves no manner of doubt regarding the testimony of the victim in indentifying her rapist tormentors and besides her both, injured and the rickshaw puller, all three had sufficient opportunity to identify the accused persons and locate them in their physical features. For the victim to frame-in innocent person is completely ruled out as there is no earthly reason whatsoever on the record for her to deposed falsely against the appellants who have also failed to get elicited any favourable evidence from her. The medical reports corroborates victim’s allegations and FIR version in all material aspects and it is established to the core and leaves no manner of doubt that the chastity of the victim was outraged and she was subjected to carnal intercourse as well as of unnatural lust. The injured and rickshaw puller have corroborated the victim’s testimony on all aspects and scanning of their depositions makes it evident that they are truthful and reliable witnesses who have narrated true and convincing story and there is no reason to discard their testimonies. Learned Additional Government Advocate therefore, urged that the prosecution has established its charges beyond all reasonable doubt and the impugned judgment of conviction and sentence does not require any interference by this Court and should and must be affirmed. 15. Learned Additional Government Advocate therefore, urged that the prosecution has established its charges beyond all reasonable doubt and the impugned judgment of conviction and sentence does not require any interference by this Court and should and must be affirmed. 15. We have heard the submissions made by the counsel for both the sides and have critically and carefully analyzed the entire trial court record including the testimonies of the witnesses and the documentary exhibits. Before adverting to the merits of the matter, we would like to point out at the very out set that the definition of the gang rape, as is prescribed in the Penal Code also includes a person who associate himself in helping gang rape upon a victim. This is so evident from a bare reading of explanation attached to Section 376(2)(g), I.P.C., which ordains that “where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape ……” 16. Now in view of the aforesaid statutory provision, when the facts of the present appeal are scrutinized, it becomes more than evident that all the three fact witnesses present at the spot, the informant/victim P.W.8, injured Akhaya Kumar Khora P.W.12 and rickshaw puller Shayam Kanta P.W. 13, all have supported the prosecution case in all its material aspects and have corroborated the FIR version without any damaging evidence. P.W.8 the informant/victim is the star witness of the incident, who had suffered temerity and faux pas and whose chastity was outrage in a most cruel and diabolical manner even when she was undergoing her natural menstrual cycle and was bearing sanitary pad. In her examination-in-chief, the victim has graphically described the entire incident with crystal clarity as described herein above while mentioning prosecution story. The incident had occurred on 11.09.2004 and her deposition was recorded on 12.09.2005, just after lapse of a year. The period is so small for her to forget ignominious humiliation and insult spitted on her in the presence of younger brother of her beloved and one unknown person which must have left a scar on her mind and heart for rest of her life. The insult suffered by her is unparalleled and perhaps unforgettable for decades to come. Whenever incident recollection would visit her she must be having most pathetic woeful terrified nightmare. The insult suffered by her is unparalleled and perhaps unforgettable for decades to come. Whenever incident recollection would visit her she must be having most pathetic woeful terrified nightmare. The most vicious assault on her most precious honour must have left a scurrilous imprint in her mind and must have tarnished her soul. For this reason it was not at all difficult for her to narrate the faux pas with clarity. Further what is most weird is that she was not subjected to any searching cross examination concerning actual incident and therefore her examination-in-chief statements virtually goes unchallenged. A feeble attempt had been made even to attack her chastity in which endeavour the defence has miserably failed. Her entire cross examination centers around trivial and insignificant aspects which do not at all corrode the credibility of the prosecution version. During her cross-examination she testified that she had travelled in a general compartment and the tickets were taken away by the appellants while robbing them. At that time, when the incident occurred, no witness was present at the scene not even morning walkers. She further testified that out of fear she could not raise alarming calls. She denied the defence suggestion that in the abandon houses the artisans and workers, who prepared idols of the deity, used to reside. She further denied that in a nearby situated gym, the people who do physical exercise had arrived and a night security guard, namely, Bijayalal Tiwari was present in a near by house. She further deposed that she had produced the same report at Jharsuguda GRPS, which she had scribed in the first instance and she had given her wearing apparels on the date of her report, which were seized by the police. She in no uncertain terms stated that the accused-appellants were not acquainted with her at all. She denied the defence suggestion that no such incident had occurred or even if it had occurred, the present appellants were not the culprits and involved in it and that she had wrongly identified them in the T.I.Parade. From her cross-examination, we have failed to fathom out any reason for her to depose falsely. What to say of a sentence not even one word has been asked by the accused from the victim to falsely implicate the appellants. From her cross-examination, we have failed to fathom out any reason for her to depose falsely. What to say of a sentence not even one word has been asked by the accused from the victim to falsely implicate the appellants. Since regarding actual commission of crime, she has not been cross-examined at all therefore, her examination-in-chief depositions regarding unnatural lust and rape being committed upon her goes unchallenged. She has not at all been questioned regarding insufficiency of light and the weapons carried by the accused and the assault made on P.W.12. She has also not been questioned at all regarding the presence of the rickshaw puller/P.W.13 at the spot and witnessing of the incident. From her too faithful graphic descriptions, we find her testimony unblemished and too convincing to be discarded and therefore have no doubts in our mind that whatsoever she has divulged in the trial is a truthful and correct narration of the incident and consequently, neither her evidence can be discarded nor there can be any criticism of it from any corner. Her cross-examination does not discredit her testimony in any manner whatsoever and we take it to be reliable, truthful, convincing and well founded. 17. Coming to another fact witness Akhaya Kumar Khora/P.W.12, who accompanied the victim from Rayagada to Jharsuguda and was present with her all through the incident and who happens to be the younger brother of her would be husband and is the sole injured in the incident, he has also corroborated the victim’s testimony in all significant and material aspects of the occurrence. In his examination-in-chief, he had narrated the same story as that of P.W.8 without mentioning any damaging evidence. He has specifically rebuffed defence suggestion that he had illicitly relationship with P.W.8 and by the time they had reached main road, the place of the incident, it was still dark. This witness categorically stated that there was street light on the road and the person could be identified in those lights. He also denies the suggestion that the artists were present who prepare the idols. The injured further disclosed that it was (A1), who had first approached the rickshaw and stopped it by wielding a Bhujali in his hand. Akhaya Kumar Khora/P.W.12 clearly and specifically refuted defence plea that there was complete darkness and nothing had happened at the incident spot. He also denies the suggestion that the artists were present who prepare the idols. The injured further disclosed that it was (A1), who had first approached the rickshaw and stopped it by wielding a Bhujali in his hand. Akhaya Kumar Khora/P.W.12 clearly and specifically refuted defence plea that there was complete darkness and nothing had happened at the incident spot. From the evidence of this witness also the appellants’ counsel could not bring forth any fact which may even slightly demolish the prosecution version and dents it’s authenticity. The convincing corroboration of the entire episode without any otherwise evidence establishes the prosecution charge to the core and we have no doubt in our mind that P.W.12 was present at the spot and had seen outraging of the modesty of P.W.8 at the hands of the appellants, who both, because of their depraved and sadistic sexuality, had no compassion for the helpless victim. 18. Now turning to the evidence of the rickshaw puller Shayam Kant/ P.W.13, he also corroborated and narrated the same story as that of his two predecessor fact witnesses present at the spot. From his cross-examination also, we have not been able to fathom out any evidence which can even remotely suggest that he was not present at the spot. He clearly stated that Rs.20/-(Rupees twenty) as the labour charges were decided for him to bring the victim and P.W.12 to the bus stand and that he could not charge any money from the victim and P.W.12 as they were already robbed off all the cash amount by the accused-appellants. This witness further confirmed that during the incident nobody was coming from that way nor any body was present near the Durgamandap nor any idol was being prepared. No body had come in that direction for the morning exercise also. Since both the accused persons were calling each other as Babu and Israel, that is how they came to know their names. Md. Babu(A1) was holding a Bhujali while Md. Israel(A2) was holding a Pistol and threatened them to kill. He denied the defence suggestion that he was deposing falsely at the instance of the police. Noted here is the fact that this P.W.13 is an independent witness. He is neither a relative nor a friend of the victim or P.W.12.He had no motive or reason to prevaricate or to falsely implicate the appellants. He denied the defence suggestion that he was deposing falsely at the instance of the police. Noted here is the fact that this P.W.13 is an independent witness. He is neither a relative nor a friend of the victim or P.W.12.He had no motive or reason to prevaricate or to falsely implicate the appellants. He is a rustic rickshaw puller, who had identified both the appellants as perpetrators of the ghastly act. His testimony is straight forward without any blemish and therefore, cannot be thrown overboard. He has corroborated the evidences of the victim and the injured in all important aspects of the incident and there is no reason even to slightly doubt his credibility. 19. Thus, on an overall analysis we find that all the three fact witnesses were present at the time of the incident and their depositions corroborate each other in specifically pointing out that the present appellants were the rapists and robbers, who have not only robbed the victim and injured, but had committed gang rape upon the victim and have also indulged into unnatural sexual inter course and assault. 20. The evidence of three doctors, who had examined the victim and the injured, namely, Dr. K.K.Patel (P.W.16), Dr. Silwanti Jojo (P.W.6) and Dr. Suresh Chandra Dani(P.W.15), leaves no manner of doubt that the victim was subjected to unnatural intercourse and was also subjected to carnal cognovit. At this juncture we find the criticism by the learned counsel for the appellants that there is discrepancy between the opinions of the two doctors regarding the injuries found on and around the vagina of the victim wholly incipient and unmerited. In our opinion the criticism was leveled only to be noted rather than to be considered. The criticism is so puerile that it does not require any detailed discussion. While Dr. K.K. Patel/ P.W.16 had examined the victim on the day of the incident itself soon after it happened, Dr. Silwanti Jojo/P.W.6 had examined her after two days which makes all the difference. It is a matter of common knowledge that the elasticity of the skin and physiology of the female body is such that it quickly tries to heal up the assault. Silwanti Jojo/P.W.6 had examined her after two days which makes all the difference. It is a matter of common knowledge that the elasticity of the skin and physiology of the female body is such that it quickly tries to heal up the assault. The injuries found on the person of the victim as recorded by both the doctors, who have categorically opined that the victim was subjected to sexual assault leaves no manner of doubt that the prosecution story is anointed with reality. From the cross-examination of these doctors, the defence has completely failed to get any favourable evidence. Most significantly doctor/PW16 was not at all cross examined regarding the medical condition of the victim nor he was suggested that his opinion that the victim was subjected to rape and sodomy are incorrect. His such an opinion cements prosecution case and anoints guilt around both the appellants. Further doctor PW6 was also not suggested that the victim’s chastity was not ravished and therefore, we don’t find any difference between both the doctor’s opinion and consequently are of the view that criticism made by the appellants’ counsel is de-hors substance and therefore repel and discarded it outright. The convincing testimony of the victim cannot be discarded on such an insignificant contention. 21. The friend of the victim Suman Kujur/P.W.18, further confirms the prosecution story and attaches credence to it. At the earliest opportunity she was informed about the insulting incident. Immediately the victim has also informed her would be husband over phone, who also entered into the witness box as P.W.9 (Hiroda Kumar Khora) to lend credence to her charge and to the prosecution story. In such a view we find support from each and every corner regarding the genuineness of the victim’s version and its truthfulness and total absence of any reason to doubt it. From the evidence of two Investigating Officers also no snipping could be made by appellant’s counsel. On an overall analysis, we find prosecution story fully credited with truthfulness and convincing narrations and therefore, we find the present appeal by both the appellants to be devoid of substance and merit less. 22. In the net result the appeal of Md. Babu (A1) is dismissed in toto. Conviction and sentence of the said appellant Md. On an overall analysis, we find prosecution story fully credited with truthfulness and convincing narrations and therefore, we find the present appeal by both the appellants to be devoid of substance and merit less. 22. In the net result the appeal of Md. Babu (A1) is dismissed in toto. Conviction and sentence of the said appellant Md. Babu(A1), as has been recorded by Additional Sessions Judge, Jharsuguda,/learned trial judge through impugned judgment and order of dated 23.12.2005 passed in S.T. Case No. 37 of 2005 (State Vs Md. Babu and another) is hereby affirmed. Appellant no.1 Md. Babu is in jail. He shall remain in jail to serve out his sentence. 23. Let a copy of this judgment be certified to the learned Trial Judge for intimation.