The sole testimony of the prosecutrix can be a foundation of conviction if trustworthy, but in this case, the evidence was found to be insufficient to prove the charges.

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, accompanied him. On way, Sainath stopped his motorbike near a sugarcane field. He asked the prosecutrix to wait for a while there and promised her to return with money from his house. He did not take her to his house since some guests had been there. It is further her case that, one unknown boy came. He threatened her at a knife point and then dragged her to a nearby sugarcane field. He undressed her and then committed rape of her. It is further her case that, she thereafter returned her home and informed her husband. Both of them were frightened and, therefore, did not lodge the report the same day. On the next day i.e. on 15/5/2016, the prosecutrix went to the police station and lodged the report (F.I.R. Exh. 32). A crime, therefore, came to be registered vide C.R. No. 117/2016 against Sainath and one unknown person. The crime came to be investigated. Both the appellants were arrested. Clothes on the person of the victim and the appellant Sunil were seized. Scene of offence panchanama was drawn. On completion of the investigation, both the appellants were proceeded against by filing charge sheet.

3. The case came to be committed to the Court of Sessions for trial in accordance with law. The charge (Exh. 27) was framed against both the appellants. They pleaded not guilty. Their defence was of false implication.

4. To establish the charge, prosecution examined 6 witnesses. P.W. 1 is the prosecutrix "X". P.W. 3 Tojas is husband of the prosecutrix. P.W. 2 Somnath is a panch witness. P.W. 4 Vasant is Naib Tahsildar. He held the test identification parade (Exh. 50). P.W. 5 Anil and P.W. 6 Dnyanoba are the police officials, who did investigation of the crime.

5. The prosecutrix gave her evidence consistent with the F.I.R. (Exh. 32). It is in her evidence that she had lent Rs.10,000.00 to appellant Sainath. On the fateful day, Sainath had been to her residence. She asked him to pay back her money. He asked her to accompany him to his house on his motorbike so that he would pay her money back. She, therefore, accompanied him. On way to his house, he halted the motorbike near one sugarcane field. Sainath asked her to wait there for a while. He promised to return with money in a short while. Meanwhile, an unknown boy (appellant Sunil) came there. He threatened the prosecutrix at a knife point. He then took her to the sugarcane field, completely undressed her and committed rape. It is further in her evidence that, thereafter she returned home and related the incident to her husband. She did not lodge report immediately since she was frightened.

6. On the same lines is the evidence of the husband of the prosecutrix (P.W. 3 Tojesh). The rest of the evidence is not of much assistance. Although in the test identification parade the prosecutrix identified the appel