JUDGMENT

Dipak Misra, J.

The present appeal depicts a sordid situation and sketches a morbid scenario, for the sad story commences with total trust, as it has to be, inasmuch as the first appellant, the uncle of the prosecutrix, being the cousin of her father, takes her with him but does not return and thus betrays the trust, definitely inconceivable, for the young girl, PW 7, who had remotely no idea about his dubious design when she accompanied him to the house of the appellant No. 2, the maternal uncle of the first appellant, that she would be sexually assaulted first by the appellant No. 1 and thereafter by the appellant No.2 who also succeeded in his threats to the uncle – and at the end, they, after being sent up for trial for the offences punishable under Sections 363, 366A/376/34 of the Indian Penal Code, 1860 (IPC) in order to escape the charge and in justification of their carnal desire and perverted acts, pleaded consent.

2. As the factual score would uncurtain, the case of the prosecution from the very beginning was that the prosecutrix was below sixteen years of age. The trial court believed the prosecution as regards the age of the prosecutrix as a consequence of whic