The appellant in Criminal Appeal No. 83 of 2012 viz. Vinod Malkhede has been convicted for the offence punishable under Section 376 and also for the offence punishable under Section 376(2)(g) of the Indian Penal Code. The appellant in Criminal Appeal No. 456 of 2012 viz. Santosh Vairagade has been convicted for the offence punishable under Section 376(2) (g) and 376 read with Section 109 of the Indian Penal Code. Both the appellants were tried in Special Case No.15 of 2010 for the above stated offences and have been convicted as stated above.

2. The victim of the offence is a lady by name Sunanda Dashrath Zade who was aged about 40 years at the time of incident. The incident had occurred in the night intervening 10th and 11th of May, 2010. The complainant/prosecutrix is resident of village Lakkadkot in Tahsil: Rajura. She had gone to Rajura for selling vegetables in the evening of 10th May, 2010. While returning to her native place at Lakkadkot she was waiting for a bus on Bus Stand near Panchayat Samiti, Rajura. It is the case of prosecution that the appellants who were on motorcycle had offered the complainant that they would drop her at her house. Accordingly, she acco