Smt. Sadhana S. Jadhav, J.

1. The appellants in Criminal Appeal No.129 of 1994 are the original accused Nos. 1 and 3 in Sessions Case No.136 of 1984, whereas the appellant in Criminal Appeal No.159 of 1994 is the original accused No. 2. The appellants herein are convicted of the offence punishable under Section 376 read with Section 144 of Indian Penal Code and are sentenced to R.I. for a period of seven years and fine of Rs.1,000/-, in default further R.I. for three months by the Addl. Sessions Judge, Greater Bombay in Sessions Case No.136 of 1984 vide judgment and order dated 10.2.1994. Hence, this appeal.

2. Such of the facts necessary for the decision of this appeal are as follows :-

(a) On 9.3.1993, the prosecutrix lodged a report at the Police Station contending therein that she is a rag-picker. That she was staying alone in a hut made of thatched roof and plastic papers. On the day of the incident, at about 10 p.m., she was sleeping in a corner of her house on a gunny bag. The house has a door of two planks. At about 1 a.m. three persons entered into her house. They woke her up. She had seen the face of three persons. She could only identify Munir, who happens to be the original accused No.3. The other two persons were unknown to her. She was knowing Munir because he was doing the business of liquor. She had shouted at the persons who had entered her house. They had over-powered her. That she was ravished by all of them. She had tried to raise alarm, but she had been threatened of dire consequences by the accused and, therefore, she could not shout loudly. That the accused No.1 was brandishing a knife. She had fainted in her house after she was ravished by the three persons. She resided in her house for about 20 minutes. The accused No.1 left her house. She immediately approached the Dahisar Police Station and narrated the incident to the police officer. After reducing her statement into writing, she was sent for medical check up. That she was admitted in Bhagwati Hospital for four days. At the Hospital, her statement was recorded by the police. Thereafter, her statement was recorded by the police. Her neighbour had accompanied her to the police station.

3. On the basis of her report, Crime No. 50 of 1983 was registered at Dahisar Police Station. Investigation was completed and charge-sheet was filed. Case was committed to the Court of Sessions and registered as Sessions Case No. 136 of 1984. Prosecution examined as many as 12 witnesses to bring home the guilt of the accused.

4. P. W. 1 happens to be the victim of the crime. She has deposed before the Court that on the day of incident, she was sleeping in her house at about 1.00 a.m. in the midnight. She was woke up by 3 persons. Out of them, she was knowing original accused No. 3 Munir Isaq Patel. She identified him before the Court. She has candidly admitted that she was not knowing other two accused. She was knowing accused no. 3 as he was doing business of liquor in the same area. According to her, accused no. 1 brandished the knife. He then ravished her. She has identified accused no. 1. At the time when accused no. 1 ravished her, other two accused were standing near the door of her hut. Thereafter, accused nos. 2 & 3 had indulged into similar acts with her. She has deposed before the court that she had prayed to all the accused not to ruin her life. They did not pay any heed to her prayer. Thereafter, she felt weak and fainted. She slept for about 20 minutes. Soon after the incident, accused had fled from her house. She then went to Dahisar Police Station and lodged a report. She was sent to Bhagwati Hospital by the police. She was treated as indoor patient for about 4 days. Her statement was recorded by the police. She has proved the contents of the F.I.R. and the same is marked as Exhibit 14. P. W. 1 had given description of all the three persons in her statement to the police. Her supplementary statement was also recorded by the police after about 4-5 day