K.S. Jhaveri, J.

1. Both the above Appeals are directed against the judgment and order of conviction and sentence dated 17.09.1998 passed by the learned Special Additional Sessions Judge, Court No. 23, A'bad City in Atrocity Criminal Case No. 34/1997 whereby the appellant accused herein was convicted for the offence punishable under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of three years and fine of Rs. 5,000/-, and in default of payment of fine, further rigorous imprisonment of six months. However, the accused was acquitted of the offences punishable under Sections363 and 366 of the Indian Penal Code and under Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Criminal Appeal No. 1002/1998 is the Appeal preferred by the accused challenging his conviction and sentence as stated above and Criminal Appeal No. 1148/1998 is preferred by the State seeking enhancement of sentence qua the accused.

3. The facts of the case is as under:--

"3.1. The complainant who belongs to the Adivasi com