JUDGMENT :

1. Instant appeal arises out of judgment and order of conviction passed by learned 1st Adhoc Assistant Sessions Judge, Parbhani dated 18.07.2002 in S.T. No. 158 of 2000 in which both the appellant are held guilty and convicted for commission of offence punishable under Section 376(g) of the Indian Penal Code [IPC].

FACTS GIVING RISE TO THE SESSIONS TRIAL ARE AS UNDER

2. On 05.11.1999, victim, a 15 years old girl, was carrying meals for her grandfather, who was working in the field. While going to he field, she was required to pass through the fields of appellants Parmeshwar and Vitthal. Around 10.00 a.m., she was intercepted by Parmeshwar. Later on appellant Vitthal joined him and they both lifted victim and took her to the cotton crop and took turns to have forcible sexual intercourse with her. She informed her mother, but initially she reported only regarding occurrence of outraging her modesty. In the evening, it is case of prosecution that, she disclosed about pains to her private part and thereafter she narrated the facts about both accused committing rape on her.

Therefore, on the strength of such statement, crime initially registered for offence under Section 354 IPC