Hidayatullah, C.J.I.

(1) THE two appellants, Janardan Tiwary and Bishwanath Singh have been convicted under S. 376, Indian Penal Code and each of them has been sentenced to six years rigorous imprisonment and Rs. 500.00 fine, in default to undergo further rigorous imprisonment for one year each. They were originally tried with two others (Chandrama Singh and Rameshwar Singh) who were also convicted by the court of Sessions but were acquitted in the High court.

(2) THE facts of the case are simple. The prosecutrix is a young girl aged between 14 and 16 years. She was residing with her mother in village Babura, which is six miles from Barbara Police Station. The occurrence is said to have taken place on 8/01/1962, between the hours 6 and 7 in the evening. That evening, Ram Pyari in the company of her nephew Bir Kumar Singh, P. W. 2, a boy aged 12 years went to a temple for the purpose of lighting agarbatties and performing pooja. They were returning home after having lighted the deyas and the agarbatties and were passing along the village foot-path when the four accused that is to say the two appellants and other two who have since been acquitted suddenly appeared on th