Sudhir Singh, J. – Heard learned counsel for the appellants and learned A.P.P. for the State.

2. Both the criminal appeals arise out of common judgment of conviction dated 21.11.2019 and order of sentence dated 27.11.2019 and hence after being heard together, they are being disposed of by a common judgment.

3. By the judgment of conviction dated 21.11.2019 and order of sentence dated 27.11.2019 passed by Sri Sanjay Kumar- I, 1st Addl. Sessions Judge-cum- Special Judge, Araria in Spl. (POCSO) No. 32/18/ CIS No. 32/18 arising out of Araria Mahila P.S. case No. 68/18, the appellants, namely, Sakir @ Sakir Khan @ Jhunnu (appellant in Cr. Appeal (DB) No. 112 of 2020) and Md. Samsher Khan @ Shera @ Md. Shamsher (appellant in Cr. Appeal (DB) No. 24 of 2020) have been convicted for the offences under section 376 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 4 of the POCSO Act, 2012 and have been sentenced to undergo rigorous imprisonment for 20 years and fine of Rs. 50,000/- each under Section 376 IPC has been imposed and in case of default of payment of fine they have been directed to further undergo simple imprisonment of six months. The appellants have further been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 50,000/- each under Section 4 of the POCSO Act has been imposed and in case of default of payment of fine they have been directed to undergo simple imprisonment of six months. But in view of Section 42 of the POCSO Act, the appellants have been sentenced to undergo rigorous imprisonment for 20 years and fine of Rs. 50,000/- each under Section 376 IPC and in case of default of payment of fine to further undergo simple imprisonment of six months. It was further directed that the period undergone in jail custody during the trial of the convicts will be adjusted in their sentences.

4. The prosecution case, as per the fardbeyan of informant-victim recorded by A.S.I. Seema Kumari of Mahila Police Station, Araria dated 11.07.2018 at 11.45 P.M. at Sadar Hospital, Araria is that on 11.07.2018 at about 02:00 p.m., she went to her maternal grandmother’s house for taking books from his younger brother and while she was returning from Azad Nagar to her house, on the way when she reached near the clinic of Dr. Satyabardhan, one boy namely Md. Jhunnu @ Sakir met her and asked from where and for what purpose she was going. Thereupon, at the iron shop near the clinic of Dr. Satyabardhan, she felt dizziness and sat there. Thereafter Jhunnu @ Sakir gave her water to drink and after taking water, she became senseless and when she regained her sense, she found herself in Sadar hospital, Araria and got knowledge that rape has been committed upon her. On the basis of fardbeyan of the informant, Araria Mahila P.S. case No. 68/18 dated 12.07.2018 was registered against Jhunnu @ Sakir.

5. The police after investigation submitted charge-sheet against the appellants Jhunnu @ Sakir and Samsher @ Shera. Cognizance was taken by the Court under Section 376 of the IPC and 3/4 of the POCSO Act. Charges were framed against the appellants on which they pleaded not guilty and claimed to be tried.

6. During the trial, in order to substantiate the charges against the accused persons, the prosecution examined as many as seven witnesses, namely, PW1 Mansoor Alam, PW2 Samina Khatoon @ Samima, PW3 victim (informant), PW4 Dr. Reshma Raja, PW5 Meera Kumari (S.H.O.), PW6 Seema Kumari (investigating officer) and PW7 Md. Imityaz. The prosecution has also produced exhibits namely Ext. 1 -signature of PW2 on the fardbeyan, Ext.1/1 -signature of victim on the fardbeyan, Ext. 2- signature of witness victim on Section 164 CR.P.C. statement, Ext. 3 -injury report, Ext. 4 -registration slip, Ext. 5 -discharge summary of hospital, Ext. 6 -registration of the case, Ext. 7 -formal F.I.R., Ext. 8 -fardbeyan of victim recorded by A.S.I. Seema Kumari, Ext. 9 - confessional statement of Sakir @ Jhunnu, Ext. 9/1 -confessional statement of ap