JUDGMENT :

S. PUJAHARI, J.

1. The appellants in this appeal challenge the judgment of conviction and order of sentence dated 20.07.1992 passed by the learned Asst. Sessions Judge, Bonai in S.T. No.65/2 of 1992-92 holding both of them guilty under Section 376(g) of the Indian Penal Code, 1860 (for short “the IPC”) and sentencing each of them to undergo rigorous imprisonment for ten years.

2. The factual matrix of the prosecution case, in short compass, is that on 24.03.1990 around 8 p.m. when the victim was enroute home from her road side “Eating House” near Khuntagaon Weekly market, it is alleged no sooner she reached Talanali road, the appellants apparently concealed behind a “Mahula tree” suddenly emerged and finding her alone obstructed her movement, gagged her mouth by a napkin and in an erotic impulse they physically carried her to a road side date-palm clump where appellant – Akshya Pradhan at a knife point threatened her to kill if she dare to shout. Trembling in fear, the victim could not venture to raise alarm. The appellants laid her on the field. While appellant – Dolagobinda Pradhan pulled her hand upto head and gagged her mouth, appellant - Akshya Pradhan raised her legs