Judgment :-

Dr. B.S. Chauhan, J.

1. These appeals have been preferred against the impugned judgment and order dated 2.9.2009 passed by the High Court of Jharkhand at Ranchi in Criminal Appeal Nos. 316 and 218 of 2002, by which the Court has affirmed the judgment and order of the trial court dated 22.5.2002 passed in GR. No. 151 of 1999, by which the appellants had been convicted for the offence punishable under Section 376(2)(g) of Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’). They were sentenced to undergo RI for a period of 10 years and further, to pay a fine of Rs.5,000/- each, and in default of the same, to further undergo RI for a period of 6 months. However, both the appellants were acquitted of charges punishable under Sections 3(1)(xii) and 3(2)(v) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Facts and circumstances giving rise to these appeals are that:

A. Aliva Kongari (PW.10) – the prosecutrix at about 10 a.m. on 13.6.1999 came to the district headquarters Simdega from her village Jhingur Pani Toli. There she met her friends Kiran and Shashi and alongwith them she went to enjoy a movie at the cinema hall. Thereaf