JUDGMENT

R.G. Avachat, J. - Both these appeals are being decided by this common judgment since the challenge therein is to one and the same judgment of conviction and order of sentence passed by Additional Sessions Judge, Vaijapur on 3/4/2019 in Sessions Case No. 48/2016. The appellant in Criminal Appeal No. 375/2019 has been convicted for the offence punishable under Sec. 376(1) of the Indian Penal Code and the appellant in Criminal Appeal No. 414/2019 has been convicted for the offence punishable under Sec. 376(1) read with Sec. 109 of the Indian Penal Code and, therefore, sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.500.00 each, in default of payment of fine, simple imprisonment for three months. As such, these are the appeals from conviction.

2. The prosecutrix- "X" (P.W. 1) is a resident of village Waluj. She had an acquaintance with the appellant Sainath. It is her case that, she had lent Sainath a sum of Rs.10,000.00 as a hand loan. On the fateful day, Sainath had been to the house of the prosecutrix. She asked him to pay back her money. He, therefore, asked her to accompany him on his motorbike to his residence. The prosecutrix, therefore,