( 1 ) SINCE both these appeals are separately filed by the accused Nos. 1 and 2 against the same judgment and order of the learned Special Judge, Junagadh in Atrocity Special Case No. 60 of 1999, the same are being disposed of by this common judgment.

( 2 ) THE brief facts giving rise to these two appeals are as under:

( 3 ) THAT the complainant is the father of the prosecutrix and belonging to schedule caste community, while the present appellants are belonging to Patel community and they are brothers. Both the appellants and the complainant are belonging to village Motimonpari of Visavadar Taluka of Dist. Junagadh. The case of the prosecution is that the complainant have got five daughters and one son wherein victim Ms. X is fourth child and she was kidnapped from the lawful custody and guardianship of the complainant and was seduced to sexual inter-course by the accused persons on 05. 08. 1999. At the time of the incident, the mother of the victim Ms. X was away from the village while complainant was in the field and only the victim Ms. X along with her sisters and brother were present in the house and when the complainant returned from the field, he came to know t