PRITINKER DIWAKER, J.

As these two appeals arise out of the common judgment of conviction and order of sentence dated 16.12.2005 passed by the Special Judge {Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989}, Raipur in Special S.T.No.105/2002, they are being disposed of by this common judgment.

By the judgment impugned appellants Akash Chandrakar and Pappu @ Lokesh stand convicted under Sections 376(2)(g), 342, 366 of IPC and sentenced to undergo RI for 10 years, fine of Rs.1000/-; RI for six months, fine of Rs.500/-; RI for five years, fine of Rs.1000/- and also convicted under Sections 3(1)(xi) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo RI for six months, fine of Rs.500/- and imprisonment for life and fine of Rs.1000/- with default stipulations respectively. Appellant Pintu @ Praveen has also been convicted under Sections 342, 366 of IPC and 3(1)(xi) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced as above. This apart he has been convicted under Section 376(2)(g) read with Section 109 of IPC and sentenced to undergo RI for 10 years and fine of Rs.1000/- with default stipulation.

2. Brief facts of the case are that on 23.12.2001 FIR (Ex.P/1) was lodged by the prosecutrix, a married lady of 25 years, alleging therein that her husband has deserted her and she is living with her father along with her three children. On 22.12.2001 at about 7.30 pm while she was sleeping in her house along with her children, at about 9 pm she was awakened by her maternal grand-mother Radha saying that some boys have come to meet her (prosecutrix). She came out from her house and saw two boys standing near the motorcycle, one Akash Chandrakar and another Pintu Punjabi, who are known to her as often they used to come to her father for taking money on credit to play gamble. Accused Pintu told her that she is being called by Manish and when she refused to go with them, Pintu gagged her mouth, forcibly made her sit on the motorcycle being ridden by accused Akash. They took her to a lonely place in the house of Akash Chandrakar and bolted the door from inside. After some time another accused Pappu came there and after threatening her, Akash and Pappu committed forcible sexual intercourse with her. At night she somehow ran away from the said house, however, she was naked, she entered the house of one old person near temple who gave her dhoti to cover herself and thereafter, she went to vegetable market where she met four ladies and watchman Surendra Das whom she narrated the entire incident. Surendra Das offered her blanket and then next morning she lodged the report. Based on this FIR, offence under Sections 366, 376(2)(g), 342, 34 of IPC and Sections 3(1)(xii) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered against the accused/appellants. The prosecutrix was medically examined on 23.12.2001 vide Ex.P/12 by PW-9 Dr. Kiran Malhotra who noticed no mark of injury on her person and opined that no definite opinion could be given regarding recent sexual intercourse. After filing of charge sheet, the trial Court framed charge against the accused persons 366/34, 342, 376(2)(g), alternatively 376(2)(g) read with 109 of IPC and Sections 3(1)(xii) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. So as to hold the accused persons guilty, the prosecution examined 12 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence, they examined two witnesses.

4. The trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment convicted and sentenced the appellants as ment