(1.) THE appellant Gaus Mohammad has been convicted under Sections 366, 376, 506-B, IPC, and sentenced respectively to undergo R. I. for 2 years, 4 years and 1 year. Appellant Roshanlal has been convicted for an offence under Sections 366, 376 (2) (g) and 506-B, IPC, and sentenced respectively to under R. I. for 2 years, 5 years and one year.
(2.) PROSECUTION alleged that in the mid-night of September 7th and 8th, 1987 the prosecutrix was kidnaped and threatened to life, and thereafter gang rape was committed on her. In all six accused persons were put to trial. Four of them were convicted while two of them were given benefit of doubt. Prosecutrix was taken by accused Gaus Mohammad on cycle. She was taken to the bushes by Gaus Mohammad and performed sexual intercourse forcibly. In the night of September 7th, 1987, accused Milan, Kaudu and Roshan joined for satisfying the lust and committed sexual intercourse with Jahura Bai, prosecutrix. Again on September 8th, 1987 in the morning accused Milan, Kaudu and Roshan committed sexual intercourse with prosecutrix Jahura Bai and on disclosure by her to anybody threatened her with life.
(3.) ACCUSED Milan's underwear was recovered, so also that of accused Kaudu, respectively Articles "a" and "b". The accused were referred for medical examination.