Khem Chand Sharma, J. - (1.) These two Criminal Appeals have been preferred by the accused-appellants Ramavatar and Mool Chand challenging the judgment dated 15.6.1999 passed by the Additional Sessions Judge, Baran, whereby, he has convicted the accused appellant Ramavatar under Section 376 read with Section 376(2) explanation (I) and Section 354 Indian Penal Code and sentenced him to undergo ten years rigorous imprisonment and a fine of Rs. 1,000/-, in default of payment of fine, to further undergo one year rigorous imprisonment and convicted the accused appellant Mool Chand under Section 376(2) read-with explanation (I) and Section 354 Indian Penal Code and sentenced him to undergo seven years rigorous imprisonment and a fine of Rs. 5,00/-, in default of payment of fine, to further undergo six months rigorous imprisonment. Since both the appeals arise out of the same judgment, they are being disposed of by this common judgment.
(2.) The prosecution case, in nut-shell is, that on 17.3.1995 at 10.00 RM. Sita Bai wife of Ghasi Lal aged 32 years alongwith Ramji Lal came at Police Station, Baran and lodged a written report Ex.P 1, stating therein that she had sold bullock cart to Mool Chand accused. In the evening, while she was going to collect money from Mool Chand at his hut she saw Mool Chand and Ramawater sitting at the Well of Mool Chand. When she demanded money from Mool Chand, Mool Chand and Ramawater both asked her to go ahead, where they will give her money. On saying so, when she proceeded further, accused Ramawatar immediately followed and caught her breasts and dragged her in the field having water crop, made her to fall on the ground, sat on her chest, pressed her breast and committed rape on her. She tried to save herself, but she failed in her efforts. On hearing her cries, Ramji Lal and Mahaveer came there. Both the accused also tried to gave beating to Ramji Lal and Mahaveer.
(3.) On the basis of this report police registered a case vide F.I.R. No. 98/1995 Ex.P. 2 for offence under Section 376 I.P.C.and proceeded to investigate the case. During investigation police got the prosecutrix medical examined vide Ex.P. 7, prepared site plan Ex.P. 4, seized Petti-coat of the prosecutrix vide Ex.P. 3, arrested accused Ramawater vide Ex.P. 9 and seized his under-wear vide Ex.P. 10. Ramawater was also medically examined regarding his capability to do intercourse, the report of which is Ex.P. 8. The police also recorded the statements of the witnessess under Section 161 Cr.P.C.;