JUDGMENT

I.D. DUA, J.

(1) IN this appeal special leave was granted by this court only in regard to the question of sentence. Nafe Singh and Jai Karan were convicted by the learned Additional Sessions Judge, Sangrur for offences under S. 366 and 376, Indian penal code and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 100.00 and in default to undergo further rigorous imprisonment for six months. Nafe Singh was further convicted for an offence under S. 302 and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 100.00; and in default of payment of fine to suffer further rigorous imprisonment for six months. The substantive sentences in his case were directed to be concurrent. Smt. Ginna, wife of Jai Karan, tried for abetment of the offences was acquitted.

(2) ACCORDING to the prosecution both the appellants on 17/02/1965, at about 7 p.m. caught bold of Smt. Phuli, a young married girl, when she was going from her house to her Gitwar carrying cow dung. It was dark and the streets were deserted. They took her to Jai Karans house after gagging her. There both of them committed rape on her and after criminally as