JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Appellants call in question legality of the order passed by a learned Single Judge of the Jharkhand High Court dismissing the petition filed by the appellants.

3.Background facts in a nutshell are as follows:

Alleging that PW4 (hereinafter referred to as the victim) was subjected to rape, attracting punishment under Section 376 of the Indian Penal Code, 1860 (in short the ‘IPC’) First Information Report (in short the “FIR’) was lodged by the informant. The date of occurrence was stated to be 30.5.1992. The charge sheet was filed on 29.9.1994. The examination of witnesses after framing of charges continued from 1994 to 2004. After examination of several witnesses on 18.5.2004 the trial court directed the production of further witnesses, if any. Since no prosecution witness was present on 18.5.2004, 28.5.2004 and 10.6.2004, evidence of prosecution was closed. On 16.6.2004 the statement of accused persons was recorded under Section 313 of the Code of Criminal Procedure, 1973 (in short the ‘Code’). The evidence of the defence witnesses was recorded between 25.6.2004 and 13.12.2004. Thereafter the matter was placed for argument. At this st