Mohan M. Shantanagoudar, J. - (1.) Leave granted.
(2.) The judgment dated 10.05.2017 passed in CRA No. 267 of 1992 by the High Court of Orissa at Cuttack confirming the judgment of conviction and order of sentence dated 20.07.1992 passed by the Assistant Sessions Judge, Bonai, in ST No. 65/2 of 1991-1992, is called in question in this appeal. By the impugned judgment, the High Court has confirmed the judgment and order of conviction passed against the appellants for the offence under Section 376(2)(g) of the Indian Penal Code (for short 'the IPC') and order of sentence of Rigorous Imprisonment for ten years.
(3.) The case of the prosecution in brief is that when the victim-prosecutrix was enroute home from her road side "eating house" (hotel) near Khuntagaon weekly market at about 8:00 p.m. on 24.03.1990, the appellants suddenly emerged from behind a 'Mahulatree' and gagged her mouth by a napkin and physically carried her to a roadside date-palm clump. Akshya Pradhan (Appellant No.2) threatened the victim with dire consequences by showing a knife at her, and being frightened, the victim could not raise any alarm. The appellants made her lie on the field and both of them committed rape on her. The victim thereafter rushed to her house and narrated the entire episode to her husband. She also showed her torn inner garments worn at the time of occurrence and the injury sustained by her on her cheeks. The next day, at about 11.00 a.m. the victim and her husband went to the police station and lodged the First Information Report (Ext. 1). The Investigating Officer (PW-7) took up the investigation and filed the charge-sheet against both the accused for the above-mentioned offence. After framing the charges, the Sessions Court held the trial. As mentioned supra, the Trial Court convicted both the accused for the offence punishable under Section 376(2)(g) of the IPC and the same came to be confirmed by the High Court.;