B.K. JHA, J.:-Both the appeals arise out of the Judgment and order dated 21st July, 1998 passed by the then learned Addl. Sessions Judge, 1st Jamui, in Sessions Trial No. 27/1996, 3/1996, so, they were heard together and are being disposed of by this common judgment.

2. All the four appellants have been convicted and sentenced to R.I. for one year with fine of Rs. 1000/- for the offence under Section 451/34 of the Indian Penal Code. In case of default in payment of fine they have been sentenced to six months imprisonment. They have again been convicted and sentenced to R.I. for seven years with fine of Rs. 2,000/- for the offence under Section 366/34 of the I.P.C. in default of payment of fine they have been sentenced to imprisonment for a period of 11/2 years. They have further been convicted and sentenced to R.I. for twelve years with fine of Rs. 3.000/- for the offence under Section 376(g) of the I.P.C. In case of default of payment of fine they have been sentenced to imprisonment for a period of two years. All the sentences, however, have been ordered to run concurrently.

3. The incident occurred in the night of 28th/29th December, 1994 in Chakai Colony of Village-Sehna, P.S.-Chakai, District-Jamui. In the relevant night while the informant/prosecutrix. Priyashila Besra, P.W.2 was sleeping in the rented house of Triveni Yadav, at about 2 A.M. five persons came at Verandah and began to push her door. When she wanted to know their identification, they created an impression that the Officer-in-Charge of Chekai Police Station had been at the door and threatened to break open the door. On the impression that the Officer-in-Charge of Chekai P.S. was present at her Verandah she opened the door. As soon as she opened the door all the five persons went inside the room, caught hold of her tuft, hands and dragged her out of the room. She raised alarm of Bachao - Bachao. On hearing her saving outcry, when Hari Yadav, Advocate and Narain Yadav, living in the adjacent room tried to come out, the miscreants threatened them with dire consequences and locked their room from the outside. Thereafter all the five persons gagged the mouth covered the eyes of the informant prosecutrix, forcibly lifted her and proceeded towards east. After covering some distance they uncovered her eyes and freed her to move but kept her mouth gagged. They took her to a lonely place in paddy field in Nagri Bahiyar in the east of Nagri - Village, covered her eyes, undressed her and all the five persons committed rape one by one. They also fisted and slapped her. After commission of the offence of the rape they uncovered her eyes and threatened with dire consequences in case of divulging the incidents to anyone. She identified the accused appellants, Etawa Soren and Kam Deo Hazra, she failed to identify the rest three accused persons but claimed to identify them by seeing their looks. Then she returned back, weeping to the colony and found the witnesses, Hari Yadav, Advocate, Narain Yadav, Rajdeo Choudhary, Prem Kumar, Prakash Rai, Titu Pandit, there and narrated them about the incident.

4. In the very night of 28th/29th December, 1994 at 4 A.M. A.S.I. Baldeo Mahto of Chakai Police Station recorded the fardbeyan (Ext.3) of the informant, Priyashila Besra, in the house of Triveni Yadav, Sahna Colony Chakai. On the basis of her fardbeyan a formal F.I.R. (Ext.4) was drawn up and a case was registered against the accused Etawa Soren and Kamdeo Hazra under Sections 452, 366 and 376/34 of the I.P.C. On completion of investigation police submitted charge-sheet against five accused persons, Kamdeo Hazra, Etawa Soren, Sukhdeo Hazra, Chandra Ghatwar @ Chandra Singh and Dena Hazra @ Dhena Hansda under Sections 452, 366 and 376/34 of the I.P.C. After commitment of their case they were put on trial for the charges under Sections 366,376,451 and 380 of the I.P.C. before the then learned Additional Sessions Judge 1st Jamui. The trial ultimately culminated in the acquittal o