JUDGMENT :

S. Pujahari, J.

In this appeal, the appellant who has been convicted under Sections 341, 506, 376 read with Section 109 of the Indian Penal Code, 1860 (for short “the I.P.C.”) and directed to undergo R.I. for 7 years and to pay a fine of Rs.5000/-, in default, to undergo R.I. for a further period of six months, S.I. for 1 year and R.I. for 1 year respectively, calls in question the propriety of the judgment of conviction and order of sentence passed by the learned Addl. Sessions Judge, Boudh in S.T. No.11 of 2008.

2. Facts, briefly stated, are that on 01.05.2007 at around 6 p.m., the victim (P.W.1) accompanied with her friend (P.W.2) had been to Pakhaniapali ridge of village-Sanajhankarpali to answer call of nature. While enroute home after attending such call of nature, it is alleged, the present appellant and his erstwhile co-accused – Sanjib Malik appeared at the scene. While Sanjib Malik forcibly carried away the victim (P.W.1) to a lonely placed after gagging her mouth, the appellant obstructed P.W.2 from raising alarm to attract persons of that vicinity. In course of that, the appellant also threatened P.W.2 not to divulge the matter before anybody else. The victim ma