B. K. BEHERA, J.

( 1 ) THE appellant stood charged under sections 376 and 457 of the Indian Penal Code (for short, the Code ). While serving as a salesman in the Kumudi Tribal Development Co-operative Society, the appellant, it was alleged, committed rape on Sara Chadei (P. W. 4) while her parents were away and she was all-alone in the house in village Kumudi in the district of Keonjhar during the night-of the loth/lith August, 1979 after entering the house which had been closed from inside by putting a THESA, a piece of wood and after threatening her to be killed and gagging her mouth with a towel. This occurrence attracted the attention of the co-villagers including P. Ws. 1, 3 and 6 who came near the house and after the victim opened the door, they learnt from her about the commission of rape an her by the appellant. In order to escape, the appellant scaled over the wall and fell down and as a result, sustained injuries on his person. He was detained by the villagers during the night and on the day following, he escaped on the pretext of going out to attend the call of nature. P. W. 1 went to Baunsapal and informed P. W. 5. the father of the victim girl, as to what had happened