JUDGMENT

Sethi, J.-Leave granted.

2. The prosecutrix, a widow of 55 years of age was criminally assaulted and subjected to forcibel sexual intercourse by the respondents on 10.11.1993 near her village Baadi in Gumanu Nalia District Mandi, Himachal Pradesh when she was coming back to her house after attending the marriage of the daughter of her husband d brother. The First Information Report was submitted by her on the next date against teh respondents. She was medically examined and her torn Salwar was sent for chemical analysis. On medical examination various injuries were found on her person. As the prosecutrix was found habituated to sexual intercourse, being an elderly woman and mother of two grown up children, no opinion was possible about the last date of sexual act. However the Doctor upon examination of the injuries, mentioned in the medico-legal certificate, was of the opinion that the injuries reflected the signs of struggle. The Trial Court of Sessions Jugde, Mandi convicted the appellants under Sections 376(2)(g) and 323 of the Indian Penal Code and sentenced them to undego rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- each under Section 376 IPC a