SUNIL KUMAR SINHA, J. - (1.)These appeals are directed against the judgment dated 4th of November, 1992 passed in Sessions Trial No. 235/90 by the First Additional Sessions Judge Durg.
(2.)By the impugned judgment, the two appellants have been convicted under Section 376(2)(g) Indian Penal Code and sentenced to undergo R.I. for 10 years and the third accused namely Kake @ Nirmal Singh has been acquitted of the charges framed against him
(3.)The facts, briefly stated, are as under:-
The prosecutrix (PW-1) was a married lady. She was residing in a rented premise near Saraswati Vihar Primary School, Sector-4 Bhilai. Her husband-Pawan Kumar (PW-2) was working as a clerk in Saraswati Sishu Mandir. On 10.2.88, the husband of the prosecutrix had gone on his duty. The allegations are that at about 3.00 p.m., the accused persons came to the house of the prosecutrix; accused No./3 Kake @ Nirmal Singh remained outside the house and the two appellants entered into the house of the prosecutrix and removed her cloths; and thereafter they committed forcible intercourse against her. The prosecutrix went to her husband, narrated the story, and then, the First Information Report (Ex.-P/1) was lodged at about 4.45 p.m. The accused persons were known to the prosecutrix. Therefore, they were named in the F.I.R. The prosecutrix was examined by Dr.(Smt.) P. Dani (PW-4). The medical report is Ex.-P/3. She found a little abrasion of 1/2 cm x 1/2 cm on her right toe. There were no injuries on the genital organs. No abnormality was detected and no definite opinion was given about the rape.

In further investigation, the accused persons were arrested and were put to identification on 17.2.88. The identification parade was conducted by Executive Magistrate K.K. Bakshi (PW-7). The test identification memo is Ex.-P/14. The prosecutrix identified the two appellant namely Dinesh Kumar and Bubby @ Gurmit Singh, however, she could identify the third accused namely Kake @ Nirmal Singh. The accused persons were also sent for their medical examination and their MLC reports were collected.

After completion of the usual investigation, the charge-sheet was filed in the Court of Chief Judicial Magistrate, Durg, who in turn committed the matter to the concerned Sessions Court, from where, it was received on transfer by the First Additional Sessions Judge, who conducted the trial and convicted and sentenced the appellants as aforementioned.