Sham Sunder, J

1. This appeal is directed against the judgment of conviction dated 21.03.1994, and the order of sentence dated 24.03.1994, rendered by the Court of Additional Sessions Judge, Rohtak, vide which it convicted Rajesh and Jitender, accused, (now appellants ), as under :-

Names of the The offence for Sentence awarded

accused (now which conviction

appellants) was recorded.

Rajesh and U/S.376(2) IPC Rigorous imprisonment

Jitender for ten years each.

alias Phirya Fine of Rs.500/-

each. In default of

payment of fine to

undergo rigorous

imprisonment for

three months each.

Rajesh and U/S 366 IPC Rigorous imprisonment

Jitender for four years each.

alias Phirya Fine of Rs.250/-each. In default of payment

of fine to undergo

rigorous imprisonment

for 1-1/2 months each.

The substantive sentences of the accused were ordered to run concurrently. The trial Court also convicted Ram Singh, accused, for the aforesaid offence, who is not an appellant in this appeal.

2. The facts, in brief, are that, on 24.09.1992, the prosecutrix (the name is not being mentioned in view of the pronouncement of the Apex Court), aged about 13/14 years