JUDGMENT :

Amitava Roy, J.

Distressed by the reversal of their acquittal from the charge under Sections 366/376(g)/392 read with Section 34 IPC, as recorded by the trial court, the appellants have impeached the impugned judgment and order of their conviction rendered by the High Court in the State appeal.

2. We have heard Mr. Basava Prabhu S. Patil, learned senior counsel for the appellants and Mr. Joseph Aristotle S, learned counsel for the respondent-State.

3. The prosecution was set rolling by an oral report by the prosecutrix with the Sampangiramanagara Police Station between 2.00 A.M. and 3.00 A.M. of 11.10.1997, which was in Tamil language and was translated and recorded by S. Shiva Lingaia, ASI, whereafter a case was registered under Sections 366, 376(g), 392 r/w 34 IPC.

4. The prosecutrix revealed that she was a resident of No.81, Jasari Kaleeli, Rustum ji Compound, Richmond Road, Bangalore and was earning her livelihood by rendering services as a maid in the house of Shilpa Shetty at Shanti Nagar, Bangalore. According to her, because of the ill-treatment of her husband, she shifted to Bangalore about 8 months prior to the incident by separating from him.

She alleged that at abou