Madan B. Lokur, J.

1. There are two Appellants before us, namely, Dharmendra Gogoi and Chakra Bora. They are aggrieved by the conviction and sentence dated 6.11.2003 awarded by the Addl. Sessions Judge (Ad-hoc), Jorhat (FTC) in Sessions Case No. 11(J-J) 2000.

2. A First Information Report was lodged by Tarun Borah on 20.2.1996 to the effect that on 19.2.1996 at about 11 PM, three unknown persons entered his house and took away gold ornaments and cash of Rs. 2500/-. The three unknown persons also raped his wife after he was tied up with a gamocha. He had opened the door of his house to these three persons when they showed him lethal weapons from outside the house.

3. The police acted on the FIR and after investigations, charged the two Appellants and one Nirmal Gogoi (now absconding) with having raped the wife of Tarun Borah and thereby committing an offence punishable under Section 376(2)(g) of the Indian Penal Code and also committing theft of gold ornaments and household articles from the residence of Tarun Borah and thereby committing an offence under Section 392 of the Indian Penal Code.

4. The three accused were committed for trial by an order dated 8.2.2000 and when charg