JUDGMENT

Tej Shankar, J. - This appeal has been preferred by Mujia alias Maujilal and Badam against the order of conviction and sentence recorded against them by Shri R.C. Sharma, Second Additional Sessions Judge. Shivpuri on 7-6-1991 whereby they have been convicted and sentenced u/s 376 I.P.C. for a term of 7 years R.I.

2. Shortly narrated the facts are that the prosecutrix PW 13 resided in village Bachronalong with her family. At about 12 in the night of 29-4-1989 when she was sleeping on the roof of her house and her husband Natthu had gone to Athai, she heard the noise of foot steps and woke up. She saw Bhujia and Badam had come, who happened to be her Jeth of Bakhar. She asked them why they had come to her roof, Badam pressed her mouth and Bhujia upturned her dhoti and committed rape up - on her. After he committed the act Bhujia pressed her mouth arid Badam committed rape. She remained crying as her mouth had been pressed she could not cry. When they left the cried as a result of which her husband Natthu reached there. The accused persons escaped. Her husband and Bari tried to catch hold of the accused but they did not succeed. Her father-in-law and mother-in-law were living