JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

2. The judgment dated 10.05.2017 passed in CRA No. 267 of 1992 by the High Court of Orissa at Cuttack confirming the judgment of conviction and order of sentence dated 20.07.1992 passed by the Assistant Sessions Judge, Bonai, in ST No. 65/2 of 1991-1992, is called in question in this appeal. By the impugned judgment, the High Court has confirmed the judgment and order of conviction passed against the appellants for the offence under Section 376(2)(g) of the Indian Penal Code (for short ‘the IPC’) and order of sentence of Rigorous Imprisonment for ten years.

3. The case of the prosecution in brief is that when the victim-prosecutrix was enroute home from her road side “eating house” (hotel) near Khuntagaon weekly market at about 8:00 p.m. on 24.03.1990, the appellants suddenly emerged from behind a ‘Mahulatree’ and gagged her mouth by a napkin and physically carried her to a roadside date-palm clump. Akshya Pradhan (Appellant No.2) threatened the victim with dire consequences by showing a knife at her, and being frightened, the victim could not raise any alarm. The appellants made her lie on the field and both of them committed rap