JUDGMENT

D.M. Patnaik, J. - In the above two appeals, appellants Balaram and his son Bhagirath assail their conviction under Section 376(2)(g) of the Indian Penal Code, and sentence of rigorous imprisonment for five years and ten years respectively.

2. Prosecution case is, on 17.11.1989 about 5 p.m. the prosecutrix (P.W. 1) an unmarried girl aged 22 years reached the village of appellants and demanded Rs. 600 from appellant Balaram which the latter was obliged to repay. Since he did not pay the amount, there was altercation between the two. When night fell appellant Balaram asked her to stay in his house and take money in the morning. The prosecutrix slept on a cot in the passage room of the appellants. In the night about 10 p.m. it was alleged that she was raped by the appellants and three other unknown persons of that village in succession. She sustained injuries on her neck chest and breast. She could not report the matter during the night hours, but in the next morning about 9 a.m. on 18.11.1989 she reported the matter at Nimpara Police Station. She was sent to Puri for medical examination at 4 p.m. At Puri she could not be medically examined on that day but on the next day at