(1.) The two Appellants, Mohd. Nasir @ Gulfam s/o Mohd. Rafiq and Zaved s/o Akhlakh in the above titled two appeals assail their conviction for the offences punishable under Sec. 376(2g)/506/34 of Indian Penal Code, recorded by the learned Additional Sessions Judge, Delhi in the impugned judgment of 13th July, 2006, and vide order on sentence of 17th July, 2006, both Appellants have been sentenced to undergo rigorous imprisonment for a period of ten years each and to pay fine of Rs. 2,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for six months each.
(2.) Since these two appeals arise out of common impugned judgment, therefore, they have been heard together and are being decided by this common judgment.
(3.) The prosecution version, in brief, as appearing from the record of this case, is that on receipt of D.D. No. 32A on 18.7.2005, SI Abha alongwith SI Ramnath and Constable Satish reached in H.R. Hospital and collected the MLC of one Yashmin w/o Rafique (hereinafter referred to as prosecutrix) and recorded her statement, Ex.PW -8/A, in which she had alleged that on 18.7.2005 at about 3 a.m., when she got up for spreading the wet clothes of her daughter, for drying, as she had urinated, her Jeth - Javed suddenly caught hold her from behind and her brother -in -law/Behnoi put the cloth in her mouth and both of them took her to latrine and thereafter, they both committed rape upon her turn by turn. They told her that if she will make any noise, they will kill her husband by administering poison. On the basis of her statement, the present case was registered and, thereafter, investigation was conducted and appellants/accused were arrested. After completion of investigation, appellants/accused were charge -sheeted for the offence under Ss. 328/506/376(2g)/34 of Indian Penal Code.