Ghanshyam Prasad, J.

1. The appellants of both Jibe appeals have called in question their conviction and sentence dated 16.12.20,02/17.12.2002 passed by Fast Track Court No.IV, Sitamarhi in Sessions Trial No. 285 of 2002/198 of 2002. Both the appellants have been convicted u/s. 376 Indian Penal Code, 1860 and sentenced to undergo R.I. for ten years and to pay fine of Rs. 3,000.00 each and in default to undergo S.I. for one year.

2. The incident as narrated by the prosecution is not only shocking but also put question mark upon us to be called. as a civilized society. The young lady of unsound mind leading a vagabond life was subjected to gang rape under cover of her mental condition. A lady who deserves sympathy and care of the society was used to satisfy sexual lust.

3. The informant Ramashankar Mishra (P.W.6), the then Havaldar of Dumra P.S. and posted at outpost No. 3 lodged a fardbeyan on 6.4.2002 at 10.30 A.M. stating therein that on getting information about presence of a lady of unsound mind he went near rickshaw stand situated near Shankar Chauk and saw a lady aged about 25 years with a female child of four years laying in semi unconscious condition. He came to know