JUDGMENT

Deepak Verma, J.—

1. Appellants, two in number, were charged and prosecuted for commission of offence under Section 376(2)(g) of the Indian Penal Code (for short, ‘IPC’) for having committed rape on prosecutrix at about 7.00 p.m. on 23rd July 1983 by 5th Additional Sessions Judge, Begusarai in Sessions Trial No.94 of 1998 decided on 26th September 1991, who found them guilty and awarded four years jail sentence to each one of them. The said judgment of the learned Sessions Judge was subject-matter of challenge at the instance of the appellants in the High Court of Patna by filing Criminal Appeal No.360 of 1991 decided on 17th December 2002. The appeal of the accused-appellants has been dismissed and the conviction of the appellants under Section 376(2)(g) of IPC has been upheld and sentence of four years awarded by Trial Judge has also been affirmed. Hence, this appeal. Crl.A.No.971/03

2. The prosecution case, in short, is as under : On 23th July 1983 at about 7.00 p.m., P.W.3-prosecutrix was returning home along with Shiela Devi, her sister-in-law, after giving fodder to cattle. After they had proceeded few steps from the place, Sohan Singh aged 19 years and his brother