Honble SINGH, J.–The three appellants herein were tried by the Second Additional Sessions Judge, Vidisha, M.P. in Sessions Trial No.76 of 1992 charged of offences u/Sec. 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989; Sec. 376(2)(G) and Sec. 506 of the Indian Penal Code on the allegation that they had, on 4.3.1992, committed gang rape and criminally intimidated Kumari Lusia a tribal woman, who was posted as Assistant Teacher in the Primary Government School at Village Bagod. The trial Court acquittal them of the charge under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 but found them guilty of the offence u/Sec. 376(2)(G) of the Indian Penal Code and sentenced them to ten years rigorous imprisonment and a fine of Rs.2,000/- each under that section. It further found them guilty of the offence u/Sec. 506 Part 11 of the Indian Penal Code for which they were sentenced to one year rigorous imprisonment. Aggrieved by the judgment and order of the trial Court, the appellant Malkhansingh preferred Criminal Appeal No.49 of 1997 while the other two appellants filed Criminal Appeal No.76 of 1997 before the High Court of

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