We have heard Sri Ashok Mehta, learned counsel assisted by Sri Brijesh Sahai for the appellant, Sri R.A. Mishra, learned AGA for the State and perused the record.

2. The appellants in these two connected appeals have challenged the judgment and order dated 30.8.2005 passed by the Additional District Sessions Judge/Special Judge ( E.C.Act) in S.T. No.65 of 2002 ( State Vs. Mani Raj Singh and another) whereby, both the appellants have been convicted for the offence punishable under section 376 ( 2) ( g) IPC and sentenced each of them to undergo imprisonment for life and fine of Rs.1 lac each with default stipulation.

3. The prosecution story in a nut shell is that a German lady ( hereinafter referred to as the 'victim') was a visting tourist. A written report was submitted by her to the Officer-in-charge, Police Station Bhelupur, district Varanasi on 5.7.2001 at 8.20 p.m. alleging that she had come to India in the mid of March 2001. She had reached Varanasi via Agra on 3.7.2001 and stayed there in Room No.203 at the Tourist Rest House, Tulsighat; that the accused persons were making advances at her, since the time she had checked in the rest house. In the night of 3.7.