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 t