B.R. Gavai, J.

1. Being aggrieved by the Judgment and order dated 18th December, 2010 passed by the learned Additional Sessions Judge, Nagpur, in Sessions Trial No. 529/2009, thereby convicting the appellants/accused for the offence punishable under Section 376 of the Indian Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Rs. 500/- each, and in default of payment of fine, each of them to suffer rigorous imprisonment for one month, the appellants have approached this Court. The prosecution case, as could be gathered from the material placed on record, is thus:-

The prosecutrix is a daughter of accused No. 1 Gurucharan from his first deceased wife and niece of accused No. 2 Gayadin. P.W. 2 P.S.I., Rajendrasingh, who was then attached to the Police Station, Yashodhara Nagar, Nagpur, received a phone call on 23.8.2009 that at Vanadevi Nagar, a father had raped his daughter. Therefore, he reached the said area situated in the slum. People had gathered in front of one house. On enquiry, he came to know that accused Gurucharan had admitted his daughter, the prosecutrix to the Zaveri Nursing Home, Vaishali Nagar, Nagpur. He accompanied wi