( 1 ) BY this appeal, the appellants seek indulgence of this Court in the judgment passed by the learned V Addl. Sessions judge, Dewas in S. T. No. 173/91 on 17-1-1994 thereby finding the appellants guilty of the offences under Sections 366 and 376 (2) (g) of the IPC, convicted and sentenced them each to suffer R. I. for two years with fine of Rs. 100/-, in default of payment of fine to suffer R. I. for 15 days and to undergo r. I. for ten years and to pay a fine of rs. 200/-, in default of payment of fine to suffer addl. R. I. for 30 days.

( 2 ) THE factual matrix before the trial court were that on 23-4-89 in the night at 8. 00 p. m. in village Hathiguradiya, when prosecutrix Meerabai and her husband dayaram, after taking their night meals, were sleeping in their house. At that time accused Jaggu made a call from outside the house. On opening the door by Dayaram accused umrao, Jagan, Sajan and Devisingh alias Mansingh entered inside the house and started assaulting Dayaram. On this, meerabai asked Dayaram to go away from there. Thereupon all the four accused persons caught hold of Meerabai and took her towards a rivulet in the village and after making her to lie on the ground acc

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