1. Challenge is to the judgment and order dated 10.07.2002 delivered by the 2nd Ad hoc Additional Sessions Judge, Amravati in Sessions Trial 235/2001, by and under which, the appellants are convicted of offence punishable under section 376 (2)(g) of Indian Penal Code and under section 354 read with section 34 of I.P.C. and are sentenced to suffer rigorous imprisonment for five years and fine of Rs.2000/-. Separate sentence is not awarded for offence punishable under section 354 read with section 34 of I.P.C.

2. Heard Shri R.J. Shinde, the learned counsel for the accused and Shri N.B. Jawade, the learned Additional Public Prosecutor for the respondent/State.

3. The case of the prosecution as can be culled out from the First Information Report dated 27.09.2001 (Exh.14) lodged by the prosecutrix is thus:

The prosecutrix states in the First Information Report (“F.I.R.” for short) that in the afternoon of 27.09.2001 she went to the open ground behind the spinning mill situated in the M.I.D.C. area of Amravati, to answer the nature's call. The prosecutrix states in the F.I.R., that she was accosted by the appellants and one juvenile in conflict (“J.C.” for short) from behind. The