Indu Prabha Singh, J.

1. This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the judgment dated 25-11-1992 passed by Shri H. B. P. Sinha, 4th Additional Sessions Judge, Nawadah in S. T. No. 1/ 92/3/92 convicting the appellant under Sec. 376/109 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for six years.

2. The prosecution case, in short, is that on 12-5-1991 while the informant Manti Devi (P. W. 8) had gone to Dhanma Bandh to graze her cattle, at about noon the appellant Anuj Singh came there along with others and charged her that her cow had grazed his Brinjal crops on the previous day. On her denial the appellant caught hold of her hand and brought her near the Brinjal field. He also took her to a hut where he threw her on the ground. One of the accused, namely, Jagdeo Tanti caught hold of her legs while the other accused, namely, Ishwari Singh committed rape on her. On Hulla P. Ws. 3 and 4 came there and the accused fled away. P. W. 8 narrated the incident to her mother. The Fardbeyan of P. W. 8 was recorded. The police after investigation submitted charge sheet. The cognizance of t