JUDGMENT :

B.S. Chauhan, J.

This appeal has been preferred against the judgment and order dated 6.1.2011/25.2.2011, passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 178 of 2000, convicting the appellants under Section 376(2)(g) read with Section 34 of the Indian Penal Code 1860 (hereinafter referred as 'Indian Penal Code'), however, acquitting them for the offences punishable under Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced each of them to undergo R.I. for 7 years and a fine of Rs. 10,000/- each and in default of payment of fine each of them shall further undergo an imprisonment for one year. The High Court has reversed the judgment and order of the trial Court dated 22.12.1999, passed by the learned Sessions Judge, Kangra in Sessions Case No. 39-J/VII/98 by way of which and whereunder the appellants stood acquitted of all the charges.

2. Facts and circumstances giving rise to this appeal are :-

A. That Smt. Sarla Devi (PW.1), wife of Shri Harnam Singh (PW.4) having four children belonging to Scheduled Tribes community alleged that on 23.1.1998 at about 6.30 p.m. the appellants who are re