Satish Kumar Mittal, J.

1. Appellants Raj Pal and his wife Sumitra have filed this appeal against the judgment and order dated 9.5.1997 and 12.5.1997, passed by Addl. Sessions Judge (II), Bhiwani, vide which Raj Pal has been convicted under Sections 376 and 120B IPC and sentenced to undergo 7 years rigorous imprisonment and Sumitra has been convicted under Section 342/120B IPC, and sentenced to undergo rigorous imprisonment for one year, respectively.

2. Appellant No. 1 Raj Pal was charged to have committed the rape on prosecutrix Kavita, aged about 13/14 years, in connivance with his wife, appellant No. 2 Sumitra, in his house on 15.2.1995.

3. The FIR in this case was recorded on 17.2.1995 i.e. two days after the alleged occurrence, on the basis of the statement of the prosecutrix, who in her statement stated that she was 13/14 years of age and studied upto 3rd standard. She further stated that Raj Pal accused was her uncle in relation and his wife to visit their house. On 15.2.1995, accused Sumitra wife of Raj Pal came to their house in the day time and took the prosecutrix to her house on the pretext to iron the clothes. When she went to the house of accused, Raj Pal acc