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

2. The criminal appeals arise out of common judgment of conviction and the order of sentence, hence they have been heard together and are being disposed of by this common judgment.

3. Both the criminal appeals have been preferred against the judgment of conviction and the order of sentence dated 29.06.2017 passed by Shri Rajesh Kumar, Additional Sessions Judge 1st, Jamui in Sessions Trial No.247 of 2015 corresponding to POCSO case No.16 of 2015 arising out of Malaypur P.S. case No.34 of 2014, whereby and whereunder the appellant Sakindar Yadav has been convicted under Sections 376(D), 201 and 120(B) of the Indian Penal Code (referred to ‘I.P.C.’) and Section 4 of the POCSO Act and appellant Dr. Nagendra Kumar has been convicted under Section 201 of the I.P.C. Appellant Sakindar Yadav has been sentenced to undergo 20 years rigorous imprisonment with fine of Rs.50,000/- for the offence under Section 376(D) of the I.P.C. and in default of payment of fine, additional imprisonment for one year and has been sentenced to undergo 3 years rigorous imprisonment for the offence under Section 201 of the I.P.C. and has been sentenced to undergo life imprisonment with fine of Rs.50,000/- for the offence under Section 4 of the POCSO Act and in default of payment of fine, additional imprisonment for one year. No separate sentence has been awarded to the appellant Sakindar Yadav under Section 120B of the I.P.C. All the sentences of the appellant Sakindar Yadav have been directed to run concurrently. Appellant Dr. Nagendra Kumar has been sentenced to undergo rigorous imprisonment for 3 years with fine of Rs.20,000/- for the offence under Section 201 of the I.P.C. and in default of payment of fine, additional imprisonment for six months.

4. The prosecution case, as per the fard beyan of informant Sanjay Tanti (P.W.5) recorded by Smt. Raj Ranjani Kumari (P.W.6), Station House Officer of Mahila Police Station, Jamui on 02.11.2014 at about 01:00 p.m. at Sadar Hospital, Jamui is that on 28.10.2014, due to illness, he sent his daughter (the victim-P.W.4) to Dr. Birju for treatment. It is said that the victim was sick for the past 3-4 days, the informant used to send the victim to Dr. Birju. On 28.10.2014, the victim was returning alone after taking injection from the doctor and when she reached near the School, accused Sakaldeo Yadav of the same village told the victim to stop, then the victim asked as to what was the reason, then Sakaldeo Yadav came near the victim and caught hold her and thereafter Lalan Yadav, Gorelal Yadav and Sakindar Yadav (appellant in Criminal Appeal (DB) No.945 of 2017), who were hiding behind the School, all resident of village Devachak caught hold of the daughter of the informant, put cloth on her mouth and took her inside the School, where they all committed rape with the daughter of the informant and threatened the victim to kill her parents if she disclosed the incident to any one. Occurrence is said to have taken place on 28.10.2014 at about 10:00 a.m. The informant also stated that the accused persons took the victim to Jamui for treatment and the doctor had advised that blood is to be administered to the daughter of the informant. The informant further stated that as Chhath parva was performed by him, due to which he could not realise and his daughter also did not disclose him about the occurrence. When the condition of the daughter of the informant was deteriorated and having enquiry made to her, she disclosed the occurrence to the informant and her mother on 01.11.2014 at about 03:00 p.m. Thereafter, the informant took the victim for treatment at Jamui Hospital, where her treatment was going on.

5. On the basis of aforesaid fardbeyan of the informant, formal F.I.R. was drawn up and Malaypur P.S. case No.34 of 2014 was registered. After investigation, charge sheet was submitted, whereafter cognizance was taken. Thereafter