JUDGMENT

1. These appeals filed under section 374 (2) of the Code of Criminal Procedure, 1973 (In short “Cr.P.C) take exception to the common judgment dated 29/01/2013 passed in Sessions Trial No.209/2011 whereby both the appellants have been convicted under section 376(2)(g) of Indian Penal Code and directed to undergo sentence of life imprisonment with fine of Rs.1000/- and section 366 of Indian Penal Code and directed to undergo R.I. for 5 years with fine of Rs.1000/-, with default stipulation.

FACTUAL BACKGROUND

2. In short, the story of prosecution is that on 29.3.2011 when prosecutrix was coming back from a coaching class on her bicycle, near Post Office Shahpur, the accused persons namely Hridesh Soni, Babu Jagtap and Girish Dhanani, who were riding a bicycle informed her that they may provide her guess papers of Class-9th. Thereafter, in a TVS motorcycle appellant Babu proceeded further whereas appellant Girish and accused Hridesh accompanied her in a motorcycle till Devdadeo culvert. The prosecutrix was in her own bicycle. At this place, the prosecutrix’s face was tied by them by a piece of cloth and appellant Babu started the motorcycle and prosecutrix was compelled to sit