J. R. CHOPRA, J.

( 1 ) THESE three appeals are directed against the common Judgment rendered by the learned Additional Sessions Judge No. 1, Jodhpur dated 2-12-1989, whereby, the accused-appellant Bhanwariya son of Phoosaram was held guilty of the offences under Ss. 376 (2) (g) and 411, IPC and he was sentenced to life imprisonment together with a fine of Rs. 1000. 00 and in default of payment of fine, to further undergo rigorous imprisonment for one year for the offence under Section 376 (2) (g), lpc; and one years rigorous imprisonment together with a fine of Rs. I00. 00 and in default, to further undergo rigorous imprisonment for one month for the offence under Section 411, IPC. The accused-appellants Bhanwariya son of Surjaram and Mangilal were also held guilty of the offence under Section 376 (2) (g), IPC and they were sentenced to ten years rigorous imprisonment together with a fine of Rs. 1,000. 00 and in default, to further undergo rigorous imprisonment for one year. The accused-appellant Gutiya alias Bhutiya alias Devaram was held guilty of the offences under Sections 376 (2) (g), and S. 41 I, IPC and was sentenced to imprisonment for life together with a fine of Rs. 1,000. 00 and in default, to further undergo rigorous imprisonment for one year for the offence under section 376 (2) (g), IPC and one years rigorous imprisonment together with a fine of Rs. 100. 00 and in default, to further undergo one months rigorous imprisonment for the offence under Section 411, IPC. The accused appellant Sriram was also held guilty of the offence under Sections 376 (2) (g) and 379, IPC and was sentenced to imprisonment for life together with a fine of Rs. 1000. 00 and in default, to further undergo rigorous imprisonment for one year for the offence under Section 376 (2) (g), IPC and two years rigorous imprisonment together with a fine of Rs. 500. 00 and in default, to further undergo six months rigorous imprisonment for the offence under Section 379, IPC. The sentences awarded to accused-appellants Bhanwariya son of Phoosaram, Gutiya alias Bhutiya alias Devaram and Sriram on both the counts were ordered to be run concurrently. On recovery of the amount of fine, the Prosecutrix Mst. Gajaraki and Laharaki were ordered to be paid Rs. 2250. 00 each as compensation.

( 2 ) IT was further ordered that out of the recovered golden ornaments, the golden Kanthi (Art. 8) be returned back to Mst. Gajaraki and all the three silver ornaments Arts. l4, 15 and 16 were ordered to be returned back to Mst. Laharaki and the recovered clothes and pieces of bangles were ordered to be destroyed after the period of appeal is over.

( 3 ) THE facts necessary to be noticed for the disposal of this appeal briefly stated are: that both the prosecutrix i. e. P. W. 2 Mst. Gajaraki wife of P. W. I Poonaram and P. W. 4 Mst. Laharki wife of Gokalram belong to village Finch situated near village Satlana. P. W. 1 Poonaram and Gokalram are the real brothers. Poonaram is the elder brother of Gokalram. They are sons of Rattaram and Loombaram is the real brother of Rattaram. It is alleged that on 18-3-1987, P. W. 1 Poonaram and his uncle Loombaram went to get their Messey Fergusson tractor repaired at Jodhpur. They started from village Finch at about 7 a. m. on 18-3-1987 i. e. after three days of Holi. It is further alleged that when Poonaram and Loombaram started for Jodhpur for getting repaired their tractor, P. W. 1 Poonaram asked his wife Mst. Gajaraki and his younger brothers wife Mst. Laharaki to go to their well to look after the crop. Thus, at about 8 a. m. these two ladies started from their village Finch. Mst. Gajaraki had her son in her lap and Mst. Laharaki was carrying a she-calf with her. When they reached near the pond of their village, the she-calf got herself released from the hold of Mst. Laharaki and went into the herd of cows, whereupon, it is alleged that Sanwariya caught hold of her she-calf, brought it back to Mrs. Laharaki and enquired fr