Ramakrishna Pillai, J.

1. The accused, who were tried, found guilty, convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- and in default, to undergo simple imprisonment for a further period of three years by the Additional District and Sessions Court (Fast Track-I), Thiruvananthapuram, for offences punishable under Section 376 IPC on a charge sheet laid by the Circle Inspector of Police, Kilimanoor, in Crime No.166 of 2003 of the Kilimanoor Police Station, are in appeal before us. The allegation was that they committed rape on the prosecutrix, a minor, on different occasions during the first half of the year 2003.

2. The appellant in Crl.A.No.2661 of 2008 is the first accused, who is none other than the father of the victim. He has preferred the appeal from the Central Prison, Thiruvananthapuram, where he is undergoing imprisonment. Crl.A.No.2629 of 2008 is filed by the second accused, who is the first cousin of the victim. For convenience of discussion they can be referred to as they are arrayed in the impugned judgment.

3. The first accused is defended by a counsel engaged at the expense of the State and the second accused is defended by a counsel of his choice.

4. Briefly put the prosecution case, as unfolded through the oral testimonies of PW1 to PW11 and Exts.P1 to P9, is as follows:

The first accused, who is the father of the prosecutrix (PW1) married PW2, Chempakakutty, an illiterate woman. Her younger sister was Radha, who was unmarried when the first accused married PW2. All the three, after the marriage, were residing under the same roof. Taking advantage of the absence of PW2 in the house at times, the first accused developed an intimacy and an unwholly relationship with Radha which resulted in the birth of PW1. Thereafter, Radha did not live long. Thus, PW1 was brought up by PW2 and the first accused. In addition to them an old woman named Kunji, who is the elder sister of PW2 was also residing in the house.

On a day in May, 2003, PW1 was brought from school by her friends to the house, as she had shown some signs of uneasiness consequent to an unusual vomiting. Though PW1 had attained puberty, she had no menstruation since four months prior to that. But, this was not seriously taken note of by PW2 because PW1 was pale and anaemic in nature. However, as PW1 had uneasiness and vomiting, she was taken to Community Health Centre at Kesavapuram, where she was examined by a doctor, who opined that she was carrying. He advised her to go to S.A.T Hospital, Thiruvananthapuram, to undergo medical termination of pregnancy. Thus, she was admitted to S.A.T Hospital on 16.5.2003.

When asked, PW1 revealed to PW2 that her father (first accused) had raped her since five months back, four or five times, putting her under fear of death while nobody was in the house. She also revealed that the second accused, who is the son of Savithri, another sister of PW2 residing in the adjacent house, also committed the same act on her four or five times. This was under the threat that he had the knowledge that the first accused was fulfilling his lust on PW1. Both the accused had threatened and warned her that if the matter were disclosed to anybody, they would finish her off. PW1 did not disclose her unusual experience to anybody apprehending danger.

PW6, the doctor attached to the S.A.T Hospital, who examined PW1, though concluded that there was no evidence of gestation, found that there was evidence of vaginal penetration and rupture of the hymen. PW6 also noticed collection of blood in the uterine cavity.

PW10, the Sub Inspector of Police, Kilimanoor, getting information from S.A.T Hospital, reached there and recorded Ext.P1 First Information Statement of PW1 on 23.5.2003. He prepared Ext.P1(a) body note of PW1. Thereafter, he registered Ext.P7 F.I.R against both the accused under Sections 366 and 376 read with Section 34 IPC. It was he, who conducted the major part of the investigation.