P.S. Rana, J.

Both appeals filed against same judgment and sentence passed by learned Additional Sessions Judge, Fast Track Court Solan in Session trial No. 18FTC/7 of 2009 decided on dated 12.3.2013 titled State of HP Vs. Vijay Kumar and another. Hence both appeals are consolidated and disposed of vide same judgment in order to avoid conflict judgment.

BRIEF FACTS OF THE PROSECUTION CASE:

2. Brief facts of the case as alleged by prosecution are that on intervening night dated 30.11.2008 and 1.12.2008 at about 1.30 mid night accused persons have committed gang rape upon prosecutrix in Krishna hotel in room No.27. It is further alleged by prosecution that on intervening night of 30.11.2008 to 1.12.2008 dated 30.11.2008 prosecutrix had stayed in room No.28 with her boy friend PW12 Rajesh in Krishna hotel. It is further alleged by prosecution that co-accused Naresh Kumar who was manager of Krishna hotel entered into room where prosecutrix was staying during the night and thereafter gagged mouth of prosecutrix. It is further alleged by prosecution that thereafter co-accused