Judgment :-

Fakkir Mohamed Ibrahim Kalifulla, J.

1. These two appeals at the instance of the accused arise out of the common judgment dated 27.01.2009. Hence, we will dispose them of by this common judgment. Both the appellants were convicted for the offence of gang rape by the trial Court and were sentenced to undergo rigorous imprisonment for 10 years each with a fine of Rs. 3,000/-each, in default to undergo further rigorous imprisonment for one year each under Section 376 (2)(g), IPC.

2. The case of the prosecution was that on 15.08.2001 in the night at about 1.30 a.m. the prosecutrix (PW-4) aged about 34 years was in her sister’s house, namely, Seema, that she heard the noise of knocking at the door, that the minor daughter of her sister, namely, Noju (PW-10), opened the door and both the accused persons entered and the accused Rai Sandeep @ Deepu told the prosecutrix that he wanted to have sexual intercourse with her. According to the prosecutrix (PW-4), she rebuked their demand stating that she was not of that type and that the appellants threatened her, that in the meantime one Jitender (PW-11), minor son of her sister Seema appeared and both the minor children asked the app