Judgment:-

Dr. Arijit Pasayat, J.

1. In these appeals, challenge is to the judgment of a learned Single Judge of the Rajasthan High Court at Jodhpur. Though the appellants were acquitted by the trial Court, the High Court in appeal filed by the State of Rajasthan directed their conviction for offence punishable under Section 376(2) (g) of the Indian Penal Code, 1860 (in short the `IPC) and each was sentenced to undergo 10 years rigorous imprisonment and fine with default stipulation. In all there were 8 accused persons. Three of them who were convicted by the trial Court namely, Dhruvendra Singh, Shivmuni @ Babua and Sushil Kumar did not prefer any appeal before the High Court questioning their conviction. However, the Trial Court acquitted the present appellants and in appeal filed by the State their acquittal was set aside.

2. Background facts, as projected by the prosecution, in a nutshell, are as follows:

On 6.10.1997 at about 4.10 p.m. the prosecutrix (PW-6) daughter of Nemchand (PW-4) lodged a report Ex.P/9 before Kan Singh, Dy. SP, Raisingh Nagar District Sri Ganganagar (PW-5) against 8 accused persons and one Vinod Sachdeva stating inter-alia that her father Nemchand was un