ORDER

1. These two appeals by way of special leave arise out of the judgment of the High Court of Gauhati dated 26th March, 2004 whereby the two appellants have been convicted and sentenced to various terms of imprisonment and fine for offences punishable under Sections 376/34 and 336/34 of the Indian Penal Code.

2. The facts of the case are as under:- At about 8:00p.m., on the 15th September, 1997, the accused- appellants Md. Mizazul Haq and Abbas Ahmad Choudhury and one Ranju Das (absconder) took up the prosecutrix and drove her in a Maruti vehicle to the Jalalpur Tea Estate after gagging her mouth. She was also raped by the three of them whereas the absconder also removed a sum of Rs. 40/- from her.

3. An FIR was lodged at 10:30a.m. on 16th September, 1997, by P.W. 7 Safaruddin, the maternal uncle of the victim and a case was duly registered. On the completion of the investigation the appellants were charged fro the aforementioned offences and as they denied the charges, they were brought to trial.

4. The trial court relying on the evidence of P.W. 6 prosecutrix as also the medical evidence of P.W. 8 and the statements of P.W. 5 - Constable Ranjit Dutta who had apprehended the ap