Ranjan Gogoi, J.

1. This criminal appeal by two convicted accused-appellants is directed against the judgment and order dated 30.3.1998 passed by the learned Additional Sessions Judge, Sonitpur in Sessions Case No. 54(S) of 1997. The accused-appellants have been convicted under Sections 366/34 IPC and sentenced to undergo R.I. for 4 years each and to pay a fine of Rs.1,000 each, in default, to suffer R.I. for a period of another 3 months more.

2. The case of the prosecution, in short, is that on 21.11.1996, the alleged victim girl Sonia Surin (PW 2) went to her sister's house at Sukurmari Borowa Gaon. At night, she went to the house of her sister-in-law Bulbuli to sleep in the said house. At about 10 PM, she, accompanied by her sister-in-law Bulbuli went out to answer the call of nature when the two accused-appellants along with another Sukra Munda (since deceased) caught hold of her and took her away to Borbeel Village where she was lodged in the house of the aunt of the accused Sukra Munda. According to the prosecution, the present accused-appellants thereafter left the place and the accused Sukra Munda committed rape on the alleged victim girl. Thereafter, the alleged vict