JUDGMENT

SUJIT BARMAN ROY, C.J. — In this appeal the two appellants, namely, Siba Mohanta (appellant No. 1) and Jadumani alias Jadu Mohanta (appellant No. 2) seek to challenge the judgment dated 13.11.1987 passed by the learned Sessions Judge, Keonjhar in S.T.Case No. 14 of 1987 convicting both the appellants under Section 376/34, IPC and sentencing them thereunder to suffer R.I. for 7 years, and to pay a fine of Rs. 200/- each, and in default, to suffer R.I. for one month more.

2. Prosecution case, in brief, is that on 21.2.1986 at about 7 P.M. P.W.2 Alekh Patra being the husband of the prosecu¬trix lodged a written complaint before the Superintendent of Police, Keonjhar alleging, inter alia, that on 16.2.1986 when his wife being P.W.1 Kusum Patra was going towards the house of her parents to bring some rice, the two appellants appeared at the scene and forcibly raped her. After the said incident P.W.1 returned home and narrated the incident to him. When P.W.2 went to the Police Station to lodge a complaint, the Sub-Inspector of Police of Patna Police Station did not pay any heed to his complaint. For this reason, P.W.2 lodged a written complaint with the Superintendent of Police. The said complaint was lodged on 21.2.1986, which was later on forwarded to the Police Station concerned whereupon it was registered as an FIR. After usual investigation the Police submitted charge sheet against the two appellants under Section 376/34, IPC. In course of time, the case was committed to the Court of Sessions Judge, Keonjhar.

3. On perusal of the materials on records, the learned trial Court framed charge under Section 376/34, IPC against both the appellants to which they pleaded not guilty.

4. In course of trial, prosecution examined in all six witnesses. On behalf of the accused-appellants one D.W. was examined. The plea of the appellants before the trial Court was that the case against them is totally false and has been insti¬tuted out of previous grudge. Further defence of the appellants was that about a month before the alleged incident of rape, appellant No. 2 lodged an FIR against the husband of the prosecu¬trix, namely, P.W.2 Alekh Patra for destroying Government plantation and out of that grudge P.Ws. 1 and 2 got this case registered against them. It was further claimed by the appellants that they were totally innocent and the allegations made against them were totally false and fabricated. However, on conclusion of trial, the appellants were convicted and sentenced as already stated.

5. P.W.1 Kusum Patra stated in her evidence before the trial Court that on the date of occurrence she was proceeding towards her father’s house to bring some rice. It was afternoon time. During the course of proceeding towards the house of her father, while P.W.1 reached the out-skirt of village Nuapada at a lonely place in a hilly area she met these two appellants. Appel¬lant Siba Mohanta caught hold of her from back-side. The other appellant-Jadumani Mohanta, who was coming with cow from the front side also caught her. From the road she was dragged and taken to a lonely place and they laid her on the ground and both the appellants undressed her and forcibly committed rape on her. She was struggling to resist. They committed rape on her one after the other. Appellant Siba Mohanta first committed rape on her and thereafter appellant Jadumani Mohanta committed rape on her as a result of which the prosecutrix sustained bleeding injury on her private part. After committing rape as aforesaid, both the appellants threatened her not to shout or cry and other¬wise she would be killed and asked to go away. Both the appel¬lants left the place and went away. After the said incident P.W.1 went to the house of her parents and narrated the whole incident to her mother. Her father was then absent as he had gone out for work. With some rice she returned to her house. Her husband was also absent from house as he had been to Pattabari village. The incident took p