JUDGMENT

R.C. Lahoti, J.-Mohan and Dilip, the two accused-appellants have been held guilty of an offence punishable under Section 376(2)(g) of Indian Penal Code and sentenced to rigorous imprisonment for 10 years and a fine of Rs. 2000/- each by Sessions Judge, Bilaspur of Madhya Pradesh. Their appeal has been dismissed by the High Court maintaining the conviction as also the sentence. This is an appeal by special leave.

2. The prosecutrix who was aged about 16 years on 5.3.1996, the date of the incident, had lost her parents and therefore was living with her maternal uncle and aunt. On 5.3.1996 the village people were busy celebrating Holi festival. According to prosecution at about 2 p.m. the prosecutrix was alone in her house when the two accused approached her and enquired where was her maternal uncle. On being told that he had gone in the village and was not in the house, the accused Mohan lifted her and took her inside the room. The accused Dilip followed in and closed the door from inside. The two accused threw the prosecutrix on ground, lifted her frock, removed her underwear and forcibly committed sexual intercourse with her. When the accused Mohan was committing rape, accus