T. K. CHANDRASHEKHARA DAS, J.

( 1 ) IN these appeals, the appellants impugned the Judgment and order dated 13-9-1993 passed by the Additional sessions Judge for Greater Bombay in Sessions Case no. 153/92 whereby they were convicted and sentenced for the offence under section 376 read with section 34 of the Indian Penal Code to undergo R. I. for 10 years and to pay a fine of Rs. 1,000/- each, in default to undergo further R. I. for one year each. They were also convicted by the impugned judgment under section 506 (Part II) of the Indian Penal Code and sentenced to undergo r. I. for six months and to pay a fine of Rs. 200/- each, in default to undergo further R. I. for one month. They were further found guilty of the offence punishable under section 135 of the Bombay police Act, 1951 but no separate sentence is passed. Against the said conviction and sentence, original accused No. 1, Milind Dharma Babar filed appeal No. 152/95 and Milind Ambadas Mhaske original accused No. 2 filed Appeal No. 422 of 1994. Since these two Appeals arise out of common judgment and we propose to dispose of these appeals by this common judgment.

( 2 ) THE charge against the two accused was that the