1. Both the criminal appeals were heard together as they arise out of the same judgment of conviction and sentence, passed in Sessions Trial No. 128/94 whereby the learned Addl. Sessions Judge, Hazaribagh convicted the appellants under Secs. 376 and 380, I.P.C. and both the appellants were sentenced to undergo rigorous imprisonment for ten years under Sec. 376, I.P.C. and two years rigorous imprisonment under Sec. 380, I.P.C. Both the sentences were ordered to run concurrently. Both the appeals are being disposed of by this common judgment.

2. The case of the prosecution in a nutshell is that the informant, Parvati Devi after the death of her husband was working as labourer in the Sirka Colliery of C.C.L. and was living in a quarter of the colliery situated at Argada with her ten years old son Rakesh Kumar. It is alleged that in the night of 25-8-93 when the informant and her son were sleeping in the quarter at about 10.30 p.m., accused Gouri Paswan came and asked the informant to open the door, but the informant refused to open the door and thereafter he pushed the door as a result of which the door was broken and thereafter the accused persons, namely, Gouri Paswan, Suren