Corroborative evidence, lack of knowledge of native language, and absence of injury marks do not discredit the prosecution's case in sexual offence cases.

Jitendra Chauhan, J.

These two appeals are being decided by the common judgment, preferred by the accused-appellants, against the judgment of conviction and the order of sentence dated 12.12.2003, passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Ludhiana vide which they were convicted and sentenced as under:-

Offence	Sentence	Fine	In default
376(2)(g) IPC	RI for 10 years	Rs.1000/-	RI for 3 months

The facts of the case as noticed in para no. 2 of the judgment of the trial Court are as under :-

"The prosecution case stands registered on the basis of statement of prosecutrix Bhuman Kalan which was recorded by SI Balwinder Singh on 08.10.2000. The prosecutrix has averred in her statement that she was married with Prem Bahadur, who at the time of occurrence was working as Peon in M/s Pathak Machine tools, Ludhiana. She along with her husband used to reside in the same factory. On 07.10.2000 at about 2:30 p.mshe along with her husband went to Jamalpur colony in order to witness the Dushehra festival. At about 7 p.m., they were coming back on a three-wheeler and when the said three wheeler reached near Railway Crossing Dhandari Kalan, Ludhiana, the owner of the said three wheeler asked the prosecutrix and her husband to get down and refused to go further. The prosecutrix as well as her husband entered into discussion with the owner of three wheeler and in the mean time, a traulla bearing No. PJW-4740 came there, in which three persons i.e. accused were sitting. The driver of traulla get down and asked the husband of prosecutrix as to why they were quarreling and those persons further offered them lift in their traulla to drop the prosecutrix and her husband at their residence. The prosecutrix and her husband then boarded that traulla. The driver of said traulla then took it towards Dry Post and on the way he slowed down the speed of traulla and the other persons pushed the husband of prosecutrix out of the traulla. The prosecutrix tried to raise alarm, but those two persons gagged her mouth and started threatening her with dire consequences if she raised alarm. They then took the traulla to a deserted place and the driver of same asked other two persons to get down and thereafter he committed rape upon the prosecutrix against her will and consent. Thereafter other person came inside the traulla and he committed rape upon the prosecutrix and finally third person also committed rape upon the prosecutrix without her wish and consent. Those persons were calling each other by their names i.e. Rajesh, Bindeshwari and Ram Yatan. Accused Rajesh while committing rape upon the prosecutrix also brandished a knife towards her and threatened her with dire consequences. Thereafter, all the accused again repeatedly raped the prosecutrix. In the mean time husband of prosecutrix along with one Kumb Lal and Paramjit Singh came there and on seeing them accused threw the prosecutrix out of the traulla and fled away from the spot. The prosecutrix being in pain and nervous condition was taken to her residence where she narrated the entire occurrence to her husband, but due to fear and threats given by the accused, they did not disclose about the occurrence to any body."

2. Charge under Section 376(2)(g) IPC was framed against the accused to which the accused did not plead guilty and claimed trial.

3. In order to prove its case, the prosecution examined PW-1 Dr. Kiran, PW-2 Constable Parmod Raj, PW-3, Dr. Ashok Raswant, PW-4 Dr. R.S. Grewal, PW-5 HC Kuldeep Singh, PW-6 Bhooman Kalan (prosecutrix), PW-7 Prem Bahadur, husband of the prosecutrix, PW-8 SI Balwinder Singh and PW-9 Harminder Singh.

4. In their statements, recorded under Section 313 Cr.P.C, the accused pleaded false implication. In defence, DW-1 Kallu Yadav and DW-2 Bhagwan Dass were examined.

5. After