JUDGMENT :

SHAILENDRA SINGH, J.

1. The instant appeal has been filed against the judgment of conviction and order of sentence dated 25.02.2004 passed by the Additional District and Sessions Judge (Fast Track Court No. I), Araria in Sessions Trial No. 747/2003 (Tr. 31/2003) whereby and whereunder the learned trial court convicted the appellants for the offence punishable under Section 323 of the Indian Penal Code (in short I.P.C.) and sentenced them to pay fine of rupees one thousand each and in default of payment of fine they have been directed to undergo rigorous imprisonment for one year from which being aggrieved the appellants have preferred this appeal.

2. The substance of the prosecution story appearing from the FIR is as follows:

On 12.06.2002 at about 11:00 A.M. allegedly, the informant went to a brick kiln to collect her weekly wages and when she reached to southern corner of brick kiln then the accused Pramod Yadav forcefully caught her from behind and took her inside the brick kiln and under threat committed rape by stuffing a towel in her mouth and during that occurrenc