RAKESH KUMAR, J.

1. The present Appeal under Section 374(2) and 389 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) has been preferred by the aforesaid three appellants against judgment of their conviction and sentence dated 26.6.2012 and 3.7.2012 respectively passed in Sessions Trial No. 96 of 2012 [arising out of Sour Bazar (Patarghat O.P.) P.S. Case No. 73 of 2012] by learned 1st Additional Sessions Judge- cum- Special Judge, S.C. / S.T. (Prevention of Atrocities ) Act , Saharsa (hereinafter referred to as the “trial judge”). By the said judgment the learned trial judge has convicted the aforesaid three appellants for offence under Section 376(2)(g) of the Indian Penal Code, 1860 (hereinafter referred to as the “I.P.C.”) and sentenced them to undergo rigorous imprisonment for life and fine of Rs. 10,000/- each and in default of payment of fine, they have further been directed to undergo simple imprisonment for a period of six months.

2. Short fact of the case is that a written information with L.T.I of one Lakho Devi /P.W. 1 was submitted before the Officer -in- Charge, Patarghat O.P. Police Station, in which it was disclosed that the informant/ wife of Chandra Kishor Ram /P.W. 2 of village: – Terasi, O.P. Patarghat, Police Station:- Sour Bazar , District- Saharsa on 30.03.2012 with her husband had gone to watch Raslila in Tekanama Yagya-sthal in village: -Tekanama. In the same night after witnessing the said Raslila at about 3.00 Hours in the night they were returning to their residence. However, on way, on Western side of Yagya-sthal on a puliya (bridge) the informant noticed some persons. While informant arrived near the puliya (bridge); 1- Chandan Kumar Sah [hereinafter referred to as “A-1”], S/o Hirday Sah, 2 – Md. Khursheed (A-2), S/o Md. Nabi and 3- Anil Ram (A-3), S/o Birendra Ram, all residents of Tekanama surrounded the informant and her husband. Firstly, Md. Khursheed (A-2) carried her husband to a wheat field. Thereafter, Chandan Kumar Sah (A- 1) and Anil Ram (A-3) carried the informant to a bamboo orchard, and thereafter, both the accused raped her. Subsequently, Chandan Kumar went near to her husband and Md. Khursheed came and raped her. After committing rape accused persons went towards the Yagya place, then the informant raised hulla and on her hulla villagers who were witnessing raslila and returning back, after chase apprehended the accused persons near the place of occurrence. The accused persons were handed over to Police. On the basis of the said written report on 31.03.2012 at 11.00 A.M. a formal F.I.R. vide Sour Bazar (Patarghat O.P.) P.S. Case No. 73 of 2012 was registered for the offence under Section 376(2)(g) of the I.P.C. against the three accused, who are appellants before this Court. Police thereafter sent the victim for medical examination and after conducting investigation within 24 hour i.e. on 01.04.2012 charge- sheet was submitted against three accused persons i.e. the aforesaid appellants. On 02.04.2012 learned Magistrate took cognizance of offences and the case was committed to the court of Sessions on 18.04.2012 and thereafter the case was numbered as Sessions Trial No. 96 of 2012. After commitment, on 27.04.2012 charges were framed under Section 376(2)(g) of the I.P.C. and Section 3(2)(V) of the Scheduled Castes and the Scheduled Tribes ( Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “S.C./S.T. Act”) . It is made clear that during investigation itself the penal provisions of the S.C. /S.T. Act was added against appellant no. 1 and 2. During the trial to prove its case from the prosecution side altogether eleven witnesses were examined, out of them Lakho Devi ( informant / victim) was examined as P.W. 1 and her husband- Chandra Kishor Ram was examined as P.W. 2, whereas Bharat Ram ( father of the victim ) was examined as P.W. 3 as a hear say witness. Similarly, Renu Devi (mother of the victim) was examined as P.W. 5 as