JUDGMENT

S.K. Chawla, J. - Both the appellants, who Ire a boroginals being Gonds, have been convicted I by Sessions Judge Mandla of the offence under section 376 (2)(g) of the Indian Penal Code with COll1mitting gang rape on a gill of their own village and community named Shantibai (P.W. 1) and have been sentenced to R1 for 10 years and a fine of Rs. 250/- each, in default to further imprisonment of three months. The learned Sessions Judge has committed to direct if the imprisonment in default, would be simple or rigorous.

2. The prosecution story briefly stated was that on 5.2.1986 Shantibai (P.W. 1), an unmarried Gond girl, aged 16 years or little more, had gone in the company of two women named Kamlo and Mantibai to collect fuel wood in the forest of adjoining village. In noon time at about 1.30 p.m. the two appellants came in the forest. They made the two accompanying women to leave helping them to place load of fuel wood on their heads. The two appellants then committed rape turn by turn on Shantibai, the one holding down the girl when the other raped. Gorelal (P.W. 3) happened to spot the appellants ravishing the girl and he raised out-cries. The appellants threatened him wi