JUDGMENT :

S.PUJAHARI, J.

In this appeal, the appellant who stood convicted under Sections 376 and 506 of the Indian Penal Code (for short “I.P.C.”) and sentenced to undergo R.I. for ten years and to pay a fine of Rs.10,000/-, in default, to undergo further imprisonment for a period of one year and also to undergo R.I. for a period of one year respectively, calls in question the legality of the judgment of conviction and order of sentence passed by the learned Asst. Sessions Judge, Baliguda in S.T. No.10 of 2012.

2. Facts, briefly stated, are that the victim lady (P.W.10), on 05.09.2011 around 3 p.m. had been to Alingagadanala in village-Jamighati to defecate. Finding her alone, the appellant forcibly emerged at that spot from behind, gagged her mouth and forcibly pulled her to a lonely place. She made efforts to escape and begged the appellant to leave her she being his relative. Notwithstanding, in an erotic impulse, the appellant threatened her at a knife point to kill if she shout for help and try to escape. Succumbing to the threat, she remained silence and the appellant committed rape on her. After he devoured her, the appellant also threatened her with dire consequences if she