( 1 ) THIS Government Appeal is directed against the judgment and order of acquittal recorded by learned Assistant sessions Judge, Jagatsinghpur on 25-4-1987 in Sessions Trial No. 229 of 1984/1 of 1985 arising out of G. R. Case No. 107 of 1984, acquitting the accused persons from the charge under Section 37g of the I. P. C.

( 2 ) THE brief fact leading to the initiation of the criminal proceeding and the Sessions trial as noted above is stated in the following lines : -The victim of the alleged rape and the informant of the case Baiskhi Mahanta has got her mud built house at Niharuni on the land of one Birabara Samanta where she was living with her husband and son. On 9-5-1984 morning the husband of the victim since was suffering from fever went for medical advice to one doctor and the only son had left for the school and while the victim was engaged in removing ash from the fire place accused-Mathura Rout entered into her house on the pretext of taking 'kattari' for cutting "tala Saja" and when the victim refused that she had no 'kattari' and she gave him a sickle, said Mathura Rout left the house. After about ten minutes accused rama Swain and Shankar Swain came to the house of