Sampath B. Abayakoon, J.

This is an appeal by the 1st accused-appellant (hereinafter referred to as the appellant) on the basis of being aggrieved by the conviction and the sentence of him by the learned High Court Judge of Vavuniya.

The appellant, along with the 2^nd accused indicted was indicted before the High Court of Vavuniya for committing the following offences.

(1) That the appellant, having ganged up with the 2^nd accused named, committed rape on the female mentioned in the indictment, on or about 29-05-2011 at Nelukulam within the jurisdiction of the High Court of Vavuniya, and thereby committed the offence of gang rape described in section 364(2)(g) of the Penal Code as amended by the Penal Code (Amendment) Act No-22 of 1995, 29 of 1998 and 16 of 2006, punishable in terms of section 364(2) of the same.

(2) At the same time and at the same transaction, the 2^nd accused indicted ganged up with the appellant and committed rape on the female mentioned in the indictment, on or about 29-05-2011 at Nelukulam within the jurisdiction of the High Court of Vavuniya, and thereby committed the offence of gang rape described in section 364(2)(g) of the Penal Code as amended by the Penal Code