JUDGMENT :

1. Heard finally with consent of both the sides at admission stage.

2. Feeling aggrieved by the impugned Judgment and order of conviction rendered by the learned Sessions Judge, Nandurbar in Sessions Case No.01/2018, thereby convicting the appellants/original accused Nos. 1 and 2 for the offences punishable under sections 376(1), 341, 506 and 109 of IPC and under sections 4, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act' for the sake of convenience), original accused Nos. 1 and 2/appellant Nos. 1 and 2 have preferred this appeal by taking aid of section 374(2) of the Cr.PC.

3. The prosecution story in brief may be unfolded as under :-

(a) The victim girl (hereinafter referred to as 'the X' was stated to be 16 years and 5 months old at the time of incident and resident of village Mothe Kadwan, Tq. Navapur, Dist. Nandurbar. She was taking education in science faculty in 11th Std. in Agriculture High School, Khandbara. She used to attend her Agriculture High School, Khandbara by boarding the bus daily from her village.

(b) On 14th December, 2017, the victim girl X had been to her school as a regular routine. At about 9.00 a.m., she went to Bazar/market of Khandbara. She met with Soham Guru Naik, a boy resident of another village Kelipada, but taking education in the same High School. His friend Rahul is also resident of Kelipada. Both of them had come on one motorcycle. Soham asked the victim girl to sit on the motorcycle since he wanted to talk with her. The victim girl X refused to sit on the motorcycle by stating that she had to attend her class. But Soham insisted to accompany him. As such, the victim girl agreed to accompany him. Rahul was on front seat. Soham sat in the middle and the victim girl sat behind Soham. Rahul was driving the motorcycle. They went to village Wagda. After crossing distance of about 2-3 kilometers ahead of village Wagda, motorcycle was stopped. Soham and victim girl went inside the forest area. Rahul stayed near the motorcycle. Soham and victim girl after going inside the dense forest, sat beneath a tree. Soham wanted to talk with the victim girl. They were chit-chatting. Soham snatched certain photographs in his mobile. It was about 10.00 a.m. Soham and victim girl started returning to the spot where Rahul was standing with motorcycle.

(c) Two unknown persons came across along with Rahul. Out of them, one person was dark and fat (Accused No.2) and another person was slim (Accused No.1). The fat person was armed with an axe in his hand. They took them towards valley. Those two persons instructed to the victim girl to undress when she refused. They terrorized the victim girl and her friend Soham to kill them. The victim girl and Soham undressed themselves. The slim person asked victim girl to spread odhani on the ground and asked the victim girl to sleep over it and asked Soham to commit rape upon victim girl, but Soham refused. When the said fat man armed with an axe stood by-side of Soham and another person removed his clothes, and committed rape upon the victim girl. She was raising shouts and cry but there was nobody to respond as it was a forest area. The victim girl on the pretext of urination woke up and put on her underwear and after wrapping odhani, sat for urination nearby the place and thereafter, ran away towards the road. Both unknown persons followed her