1. These appeals are directed against judgment dated 23-01-1996 passed by 2nd Additional Sessions Judge, Raipur in Sessions Trial No. 410/91. By the impugned judgment, accused/appellants Purushottam, Rajendra Kumar and Lalji have been convicted and sentenced in the following manner with a direction to run the sentences concurrently :

Appellant Purushottam

Conviction Sentence

Under Section 363 IPC Rigorous imprisonment for 3 years

Under Section 366 IPC Rigorous imprisonment for 5 years

Appellants Rajendra Kumar and Lalji

Conviction Sentence

Under Section 376 IPC Rigorous imprisonment for 10 years

Criminal Appeal No. 2265/1996 filed by accused Tejkumar and Criminal Appeal No. 2266/1996 filed by accused Surendra Kumar were disposed of by order dated 17-06-2010 and Criminal Appeal No. 451/1996 filed by accused Kailash Kumar, arose out of the judgment dated 23-01-1996 impugned herein, was disposed of by order dated 12-06-2013 due to accused persons Tejkumar, Surendra Kumar and Kailash Kumar's having already completed the entire sentence awarded to them and their not being interested in prosecuting their appeals.

2. Case of the prosecution, in brief, is as under :

Prosecutrix (PW-1) was residing in Amapara along with her parents and was studying. On 05-06-1991, accused/appellant Purushottam met her and asked for going Durg with him. Accused Purushottam allured prosecutrix (PW-1). On being allured by accused persons Purushottam and Kailash, prosecutrix (PW-1) went to Durg along with them. They took prosecutrix (PW-1) to a hotel and took lunch. Thereafter, they went to watch movie. After watching the movie, they came back to railway station. Accused Kailash returned to Raipur and accused Purushottam and prosecutrix (PW-1) remained in Durg Railway Station. At that time, co-accused Surendra Kumar came near accused Purushottam and prosecutrix (PW-1) and introduced himself as a Police Officer. On being asked by co-accused Surendra Kumar, accused Purushottam left prosecutrix (PW -1) alone at the railway station. Co-accused Surendra Kumar took prosecutrix (PW-1) to his house and forcibly committed sexual intercourse with her against her will. Other co-accused Tejkumar, Lalji and Rajendra Kumar also came to the house of co-accused Surendra Kumar and they also committed sexual intercourse with prosecutrix (PW-1) against her will. Next day, at about 12 noon, co-accused Surendra Kumar left prosecutrix (PW-1) at Durg Railway Station from where prosecutrix (PW-1) went to Dongargarh alone. At Dongargarh, co-accused Girish committed sexual intercourse with her against her will. Prosecutrix (PW-1) returned to Raipur where co-accused Rakesh met with prosecutrix (PW-1). Co-accused Rakesh took prosecutrix (PW-1) to his house and committed sexual intercourse with her without her will. Shriram Sen (PW-4, father of prosecutrix (PW-1)) lodged First Information Report (Ex.-P/11) in Police Chowki S/Colony. Thereafter, regular First Information Report (FIR) was recorded in Police Station Amanaka, Raipur.

In further investigation, prosecutrix (PW-1) was sent to D.K. Hospital, Raipur for medical examination vide Ex.-P/23. After medical examination, prosecutrix (PW-1) was sent for X-ray examination for determination of her age. Doctor S.C. Bisnoi (PW-6) took out X-ray of prosecutrix (PW-1) and gave his report (Ex.-P/15). The X-ray plates are Ex.-P/16 and P/17. Doctor S.C. Bisnoi (PW-6) opined that the age of prosecutrix (PW-1) was 13 to 14 years. Slide of vaginal swab of prosecutrix (PW-1) was seized vide Ex.-P/3. One lady bicycle and underwear were seized vide Ex.-P/4 from co-accused Kailash. Underwear of co-accused Rakesh @ Sunil was seized vide Ex.-P/5. Shirt and petticoat and. a sum of Rs. 1500/- were seized from accused Purushottam vide Ex.-P/6. Mark sheet and birth certificate of prosecutrix (PW-1) were seized from Shriram Sen (PW-4) vide Ex.-P/7. Underwear of co-accused Girish was seized vide Ex.P-8. Blouse and chappal of prosecutrix (PW-1) w