JUDGMENT

Dr. A.K. MISHRA, J. - This revision filed to assail the concurrent verdict in convicting the petitioner-accused U/s.376 of the Indian Penal Code (hereinafter referred to as the “I.P.C.) and sentencing to undergo seven years of rigorous imprisonment and to pay a fine of Rs.1000/-, in default to further undergo rigorous imprisonment for six months with a direction to pay Rs.800/- to the victim as compensation if the fine amount is realized. The aforesaid conviction and sentence passed by the learned Assistant Sessions Judge dtd. 25.11.1997 in S.T. Case No.3-A of 1997 as been confirmed by the learned Additional Sessions Judge, Angul in Criminal Appeal No.1 of 1998 vide judgment dtd. 20.3.2001.

2. The prosecution case in brief is that on 11.11.1994 at about 12 midnight in village Puleswar while victim ( P.W.2) was sleeping in her hut and her husband (P.W.4) had gone to Athamalik Bazar to witness “Parayan”. Accused scaled over the damaged wall, entered inside, lifted her to ‘“Bari” (backside of the house) had committed sexual intercourse against her will giving threatening. Informant knew that accused was imprisoned for having murdered a woman for which she did not scream out o