P. K. PATRA, J.

( 1 ) THE appellants have challenged the judgment dated 28-2-1994 in S. T. No. 21/156 of 1993 passed by Shri S. C. Chhatoi, Additional Sessions Judge, Balasore convicting the appellants under Section 376 (2) (g) of the Indian Penal Code (for short 'ipc') and sentencing each of them to undergo rigorous imprisonment for ten years.

( 2 ) BRIEFLY stated, the prosecution case is as follows :in the night of 24-2-93 the prosecutrix (P. W. 4) had slept with her son, aged about 5 years, and a minor girl (P. W. 8), aged about 9 years, in her house in village Juari under Singla Police Station in the district of Balasore. Her husband, a fisherman by profession, had been to the sea for catching fish. It is alleged that at about 11. 00 p. m. she got up hearing knocks at the door and aroused P. W. 8 and lighted the lamp and found that these two appellants forced their entry inside the room, breaking open the door and one of them caught hold of her son and the other threatened her with a knife and physically lifted her from the house and took her to the bank of the river situated at a distance of about 50 cubits from her house and committed rape on her. Thereafter the other person