1. The appellant No. 1 Suresh and appellant No. 2 Hivraj are taking exception to the judgment and order of conviction & sentence recorded by the learned First Ad-hoc Additional Sessions Judge, Gondia, dated 29.03.2006 in Sessions Trial No. 72/2004 by which he has convicted these appellants for the offence punishable under Section 376 (2)(g) of the I.P.C., and appellant No. 2 Hivraj being convicted for the offence punishable under Section 506(II) of the I.P.C. in addition. They were sentenced to suffer R.I. for 7 years and to pay fine of Rs. 2000/-in default to suffer R.I. for 6 months for the offence under Section 376(2)(g) of the I.P.C.

2. Brief facts leading to the prosecution of the appellants were that; they are resident of Boda, Tah. Tiroda, District Gondia. Prosecutrix Sangharsha PW-1 is a minor girl aged about 15 years. At the time of incident, her father was serving in Mahindra & Mahindra Automotive concern at Nagpur. She along with her mother PW-3 Sangita, brother, sister and grant father were residing at Boda. Her grand father owned agricultural land at the same place. The same is situated at a short distance from their residential house. The house of present app