RAKESH KUMAR, J.

Sri Nitya Nand Neeraj, learned counsel has appeared on behalf of appellant Sahendra Yadav @ Sahendra @ Neta @ Nata {in Cr.Appead (DB) No. 747 of 2013}, however; since none had appeared on behalf of appellant Sanoj Kumar @ Sanoj Bind {in Cr.Appeal (DB) No. 663 of 2013}, Sri Animesh Kumar Mishra, learned counsel, who was present in Court, was requested to assist the Court as Amicus Curiae and he agreed for the same.

2. The appellants, in aforesaid two appeals, were tried together, convicted and sentenced by a common judgment passed in Sessions Trial No. 461 of 2012 and as such, both the appeals were taken up together under the heading “For Hearing” and are being disposed of by this common judgment.

3. Both the appellants by judgment dated 23-05-2013 were convicted for commission of offence under Section 376(2)(g) of the Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’) and by order dated 30-05-2013, both the appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- (five thousand) each. The fine amount was directed to be paid to the prosecutrix (victim). The appellants were convicted and sentenced in Sessions Trial No. 461 of 2012 (arising out of Kinjer P.S. Case No. 01 of 2012) by Sri Ajay Kumar Srivastava, learned District & Sessions Judge, Jehanabad (hereinafter referred to as the ‘Trial Judge’).

4. Short fact of the case is that on 07-01-2012 at 8:30 A.M., Assistant Sub-Inspector of Police Nandeshwar Thakur (not examined) of Kinjer Police Station recorded fardbeyan of victim (P.W.1), who was married lady aged about 22 years. The fardbeyan was recorded at Bed No. 1 in Sadar Hospital, Jehanabad. In the fardbeyan, the victim disclosed that in the preceding evening i.e. on 06-01-2012 at 5:00 PM, she had gone out of her house for attending natural call to the eastern side of the village. After defecating, while she was returning and reached at the orchard of Devi Asthan near paddy khalihan, suddenly her covillager Sahendra @ Neta {appellant in Cr.Appeal (DB) No. 747 of 2013} started assaulting her and she started raising alarm. Subsequently, Sanoj Kumar {appellant in Cr.Appeal (DB) No. 663 of 2013}, Ranjit Kumar, Bucha Kumar (all resident of same village i.e. village Mishrabigha) and 3-4 unknown persons, all resident of same village and police station i.e. P.S. Kinjer, District - Arwal forcibly wrapped her mouth with the help of one muffler. Her hands and legs were also tied and by way of lifting, they carried her to some distance. All the accused persons one-by-one thereafter committed rape with her. She could identify four accused persons with their name. She further stated that all the accused persons, after committing rape, threatened that if she raises alarm she would be killed. She further stated that one of the villager, who was coming to attend call of nature, after seeing the occurrence raised alarm and thereafter, all the accused persons fled away towards eastern side of the village. Subsequently, her mummy (mother-in-law) and co-villagers with one Jitendra Kumar lifting her brought to her house. Her uncle and other associates with the help of villagers carried her to Jehanabad Hospital, where she was under-treatment. The said fardbeyan was read over to her and after finding it correct, she put her signature in presence of her neighbour Jitendra Kumar. Jitendra Kumar also put his signature on the fardbeyan, however; he has not been examined as prosecution witness during trial.

5. On the basis of fardbeyan, on the same date i.e. 07-01-2012, a formal F.I.R., vide Kinjer P.S. Case No. 01 of 2012, was drawn at 10:00 A.M. for offence under Section 376(H)/34 of the I.P.C. against (1) Sahendra @ Neta (app. in Cr.App.DB No. 747/13), (2) Sanoj Kumar (app. in Cr.App.DB No. 663/13), (3) Ranjit Kumar, (4) Bucha Kumar and other 3-4 unknown persons. After registering the F.I.R., the case was thoroughly investigated by P.W.6 Md. Aslam Ali and thereafter, on 09-02-2012