Madhavendra Saran, J.

1. Cr. Appeal No. 311 of 2003 and Cr. Appeal No. 343 of 2003 arise out of the same judgment and as such for the sake of convenience these two appeals have been heard together and the order passed in Cr. Appeal No. 311 of 2003 shall govern both these two appeals.

2. These two appeals are directed against the judgment and order dated 9.5.2003 passed by Shri Alok Chandra Prasad, 7th Addl. Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 206/137 of 1997/2001, convicting and sentencing the appellants under sec. 376/34 of the Indian Penal Code (in short as the IPC) to undergo rigorous imprisonment for ten years with a fine of Rs. 10,000.00 each and in default of payment of fine to further undergo rigorous imprisonment for three years. The amount of fine if deposited shall be paid to the victim girl.

3. Shortly stated the prosecution case as disclosed in the written report of First informant Laxman Prasad Gupta resident of village Baradhi Tola, RS. Akodhi Gola, District Rohtas filed before the officers in-charge of Akodhi Gola Police station on 23.9.1996 is that his daughter Chanchal Kumari, aged about 15 years had gone at the place of her Mausha, Nath