JUDGMENT :

1. The present appeals are filed against the impugned judgment and order dated 05.12.1997 passed by the Additional Sessions Judge, Kheri in Sessions trial No. 53 of 1996 whereby the appellants are convicted under Section 376 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5,000/-each and in default of payment of fine to further undergo rigorous imprisonment for five months. The appellants were also convicted under Section 3(1)(2) of SC/ST Act and have been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 2,000/-each and in default of payment of fine to undergo further imprisonment for two months.

2. In light of the judgment of Hon’ble Supreme Court, the victim has been denoted as “A”.

3. Wrapping the facts in brief, the victim was raped by the present appellants when she had gone for defecation in the fields on 11.09.1995 at about 6:30 p.m. On the alarm raised by victim, witnesses Chattrapal and Prabhu came and saved her. It is also mentioned in the FIR that the accused possessed weapons therefore, the complainant could not lodge FIR immediately.

4. On the basis of written report FIR w