H.S.Bedi, J.

1. The facts giving rise to the present appeal are as under :-

Balram husband of Kamla (PW-3) was working as a Siri with Har Singh Arora of village Kera Khera. On 24.2.1992, Balram was irrigating the fields and Kamla left the house to serve tea to him. As Kamla reached near her house at about 3.30 p.m. on her return, she heard the screams of her daughter Vinod and on going inside the room, found Kahna Ram accused committing rape on her whereas Kanshi Ram was holding her by her arms. Vinods screams also attracted Ganga Ram (PW-4) and on seeing them, the two accused ran away from the spot. Kamla and her husband, however, decided not to report the matter to the police so as to avoid any stigma on the family but as Vinods condition deteriorated, they thought it advisable to lodge the report, which was ultimately lodged on 28.2.1992. Vinod was also subjected to a medical examination at 5.20 P.M. on 28.2.1992 by Dr. Sarla Sethi (PW-1), who observed that her hymen was torn, there was a tear on her vagina which extended to her rectum upto 2 cms. and that pus was being discharged and faecal matter was present. The accused were duly arrested and on the completion of the