N. KOTISWAR SINGH, J.

1. Heard Mr. N. Ibochaoba Singh, learned senior counsel assisted by Ms. Lailai, learned counsel and Mr. H. Kenajit, learned counsel for the appellants as well as Mr. R.S. Reisang, learned senior GA assisted by Mr. Shyam Sharma, learned GA for the State.

2. These two appeals have been preferred against the order and judgment dated 09.12.2013 passed in Sessions Trial No. 2 of 2013 by which both the appellants have been found guilty under Section 120-B IPC for criminal conspiracy and also convicted under Section 376(2)(g) IPC for committing gang rape and accordingly, sentenced to undergo rigorous imprisonment for a period of 15 (fifteen) years with a fine of Rs. 25,000/- and to undergo further rigorous imprisonment for 3 (three) years failing to pay the fine and also to undergo rigorous imprisonment for a period of 10 (ten) years for committing the offence under Section 120-B IPC with a fine of Rs. 10,000/-, failing which to undergo further rigorous imprisonment of 2 (two) years, which sentences are to run concurrently.

3. The prosecution case, in brief, is that on 20-10-2012, the two appellants, who were close friends had taken the victim girl, who became acquainted with them, in a car on the pretext of roaming around and took her inside a restaurant near the Airport and she was compelled to take soft drinks mixed with intoxicant and taking advantage of her intoxicated condition, she was raped by the appellants.

4. After the incident, an FIR was lodged on the next day on 21-10-2012 by the mother of the victim girl which is reproduced herein below:

"To,

The Officer-in-Charge

Porompat Police Station

Sub: Report

Sir,

I have the honor to report you that on 20.10.2012 @ 7:00 pm, my daughter, (*...... (17) returned in a very upset mood and shocking attitude. As I felt something on her unusual behaviour I enquired her about the matter in which my daughter stated that she was picked up by her boyfriend whom she knows as one William of Khagempalli area on the pretext of roaming around from Soibam Leikai near Citizen Club. From there, she was taken by the said William in a Maruti Car (Regn. Not known) towards Imphal Airport side. Thereafter, she was taken inside a Restaurant by the William with the help of his friend Tarun of Thangmeiband. There, she was forcefully given soft drink mixed with intoxication. After consuming the drink my daughter was fallen unconscious and when she regained her senses, she was raped by the said William. After fully satisfied, William dropped my daughter at Porompat area near T.V. Tower.

In this regard, I requested you to kindly take necessary legal action against the accused person and punish according to law.

Dt. 21.10.2012

Yours sincerely,

(Ng. Nirmala Devi)

Ngangbam Nirmala (41 yrs)

D/o (L) Ng. Tomba Singh

Kongpal Kongkham Leikai

Imphal East"

* Name of the victim.

5. On completion of the investigation, the appellants were charged for committing offences under Section 376 IPC, Section 120-B IPC and Section 201 IPC. Both the appellants pleaded not guilty to the aforesaid charges. While the victim girl charged both of them of raping her, the plea of the appellants has been ambiguous. During the course of the trial, the appellants denied committing rape on her but also suggested that it was a consensual sexual act. The appellant William claimed to have engaged in oral sex with the girl as stated in his statement made under Section 313 Cr. PC.

The Trial Court convicted the appellants under Section 376(2)(g) IPC and Section 120-B IPC but acquitted from the charge under Section 201 IPC.

6. Before we proceed to examine the plea of the appellants in detail, it may be appropriate to place certain undisputed facts which may have a bearing on the decision on the issues raised before this Court.

7. Firstly, the Prosecutrix was about 16 (sixteen) years and 7 (seven) months old when she alleged rape by the appellants on 20.10.2012. Her date of birth is 03.03.1996. At the relevant time she was studying