JUDGMENT :

S. Pujahari, J.

Through this appeal, the appellant has called in question his conviction and sentence for the offences under Sections 376, 506 and 341 of the Indian Penal Code, 1860 (for short “the IPC”) as recorded by the learned Addl. Sessions Judge, Boudh vide judgment dated 24.01.2011 in S.T. No.11 of 2008(A) sentencing him to undergo R.I. for ten years and to pay a fine of Rs.10,000/-, in default, to undergo R.I. for a further period of two years, R.I. for two years and S.I. for one month respectively with a order that the substantive sentences are to run concurrently.

2. According to the prosecution case, the prosecutrix (P.W.1), a young girl of 15 years of age (according to the medical evidence, the age was around 17 years) was subjected to rape by the appellant on 01.05.2007. The prosecutrix and her cousin sister – Gitanjali Sandha (P.W.2) had been to Pakhaniapali ridge of village-Sanajhankarpalli to attend the call of nature. On that day, the prosecutrix was in the house of her sister in that village. While the girls after attending the call of nature enroute home, the present appellant caught hold of the prosecutrix, physically lifted and carried her to a nearby b