JUDGMENT

Arijit Pasayat, J.-Two appellants faced trial for having allegedly committed rape on a girl of tender age whose name need not be indicated and she can be described as the victim or the prosecutrix. The trial Court found the accused persons guilty of offence punishable under Section 376(2)(g) of the Indian Penal Code, 1860 (in short the IPC ). They were each sentenced to undergo imprisonment for 10 years and to pay a fine of Rs. 500/- each with default stipulation. In appeal, the conviction and sentence were upheld.

2. Prosecution version in a nutshell is that on 5.8.1993 the prosecutrix had gone to the field to each herself at about 10.00 a.m. When she had reached near the field, the accused persons caught hold of her right arm and dragged her forcibly to the field. Accused Shiv Dayal shut her mouth with her chuni and both the accused persons thereafter forcibly raped her. They threatened to kill her if she told about the incident to anybody. She went to her house weeping and narrated the incident to her mother. One Karan Singh had seen the accused persons going away from the field. Since the father (PW-11) and brother of the prosecutrix were not at home the mother (PW-9) d