Ramakrishna Pillai, J.

1. The appellants were charged with and tried for offences punishable under Sections 376 (2)(b) and (c) r/w. Section 34 IPC and also under Sections 3(1)(xii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Briefly put, the case divulged by the prosecution through the witnesses examined before the court below, is as follows:

In the district of Idukki, a Model Residential School was established for imparting free education with free boarding and lodging for the students belonging to Scheduled Castes and Scheduled Tribes. In August, 2001, the school was functioning at Cheruthoni. Later, the school was shifted to Kuyilimala.

The appellant in Crl.A.No.2196 of 2009, who is the first accused (hereinafter referred to as A1) was the Manager-cum-Tutor and the appellant in Crl.A.No.1951 of 2009, who is the second accused (hereinafter referred to as A2), was the Physical Education Teacher of the said school.

A1 and A2 were accommodated in a room, which is close to the girls hostel. The books, stationary and other items required for the daily use of the students were also stored in the said room. A1, as the manager, was the custodian of those goods and he used to supply those items to the students. A2 was assisting him in that regard and in the absence of A1, A2 would be the custodian of those goods.

Allegedly, there was a standing direction that girl students shall go to the room only during day time and that too, in company.

The prosecutrix (PW2) was one among the inmates of the hostel during the academic year 2001-02 and she was 12 years old during the said period. Allegedly on 9.1.2002, PW2 had her menstrual period, and after informing her mother (PW1), she was sent home. As she had complaints of pain in the abdomen, she was taken to a doctor at Muttam, who adviced her to take rest for a few days. Thereafter, she was sent back to school. But, she had persistent pain while urinating. Thereafter, PW3, who was the Principal of the residential school, called PW1 and the prosecutrix was sent back to her home with an advice to take rest for a few days. After a week, though PW1 adviced the prosecutrix to go back to school, she was reluctant and on enquiry, it was revealed that she was sexually harassed and raped by A1 on four occasions viz., on 12.8.2001, 15.8.2001, 15.12.2001 and 16.12.2001 and by A2 on two occasions i.e. 7.1.2002 and 8.1.2002. It was, thereafter, she developed pain in her abdomen and she was sent home after calling PW1.

PW1 gave complaint before the Superintendent of Police, Idukki, who in turn, forwarded the same to the Deputy Superintendent of Police, Thodupuzha (PW12), who recorded Ext.P1 statement of PW1. PW11, the Sub Inspector of Police, Idukki, registered Ext.P1 (a) crime on the basis of Ext.P1. PW12, who conducted the investigation, gave Ext.P13 report incorporating the relevant sections relating to the offences as well as the correct address of the accused to the Judicial First Class Magistrate, Idukki. He proceeded to the scene of occurrence and prepared Ext.P14 scene mahazar. He also prepared Ext.P7 mahazar relating to the building where the school was previously functioning. He got Exts.P8 and P9 plans prepared by PW7, the then Village Officer, Thodupuzha. Ext.P10 community certificate of A1 and Ext.P11 community certificate of A2 were obtained from PW8, the then Tahsildar, Thodupuzha. Ext.P15 certificate to show the caste of the prosecutrix was also obtained. A1 and A2 were arrested on 8.3.2002 and 11.3.2002 respectively. Ext.P6 potency certificate of A2 and Ext.P21 potency certificate of A1 were obtained from PW5, the then Assistant Surgeon, Taluk Hospital, Thodupuzha. Ext.P5 certificate was obtained from PW4, the then Assistant Professor, Obstetrics and Gynaecology, Medical College Hospital, Kottayam, who examined the prosecutrix on 25.3.2002. Allegedly, PW2 revealed the story of rape committed by A1 and A2 to PW3 also. The