Judgment

KOSHAL, J. :- This appeal by special leave is directed against the judgment dated the 12th Oct. 1976 of the High Court of Judicature at Bombauy (Nagpur Bench) reversing a judgment of acquittal of the two appellants of an offence under S. 376 read with S. 34 of the Indian Penal Code recorded by the Sessions Judge, Chandrapur, on the 1st June 1974, and convicting Tukaram, appellant No. 1 of an offence under S. 354 of the Code and the second appellant names Ganpat of one under S. 376 thereof. The sentences imposed by the High Court on the two appellants are rigorous imprisonment for a year and 5 years respectively.

2. Briefly stated, the prosecution case is this. Appellant No. 1, who is a Head Constable of police, was attached to the Desai Gunj police station in March 1972 and so was appellant No.2, who is a police constable.

Mathura (P. W. 1) is the girl who is said to have been rap\ed. Her parents died when she was a child and she is living with her brother, Gama (P. W. 3) - Both of them worked as Labourers to earn a living. Mathura (P.W. 1) used to go the house of Nushi (P. W. 2) for work and during the course of her visits to that house, came into contact with Ashok, who was