Ashutosh Kumar, J. – The two appeals, viz., Cr. Appeal (DB) Nos. 878 of 2022 and 899 of 2022 (appellants/Rakesh Ram and Sanjay Ram respectively) have been heard together and are being disposed off by this common judgment.

2. Both the appellants, along with one Sangita Devi, were put on Trial.

3. The appellants have been convicted under Sections 342/34, 323/34 and 376-D/34 of the Indian Penal Code and Sections 4/17 of the POCSO Act, 2012 vide judgment dated 27.09.2022 passed by the learned Additional District & Sessions Judge-VI-cum-Special Court POCSO Act, Buxar in POCSO Case No. 28 of 2021, arising out of Mahila P.S. Case No. 41 of 2021. By order dated 29.09.2022, they have been sentenced to undergo S.I. for one year, to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further suffer S.I. for one month under Section 342/34 of the IPC; S.I. for one year, to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further suffer S.I. for one month under Section 323/34 of the IPC and R.I. for twenty years, to pay a fine of Rs. 20,000/- each and in default of payment of fine, to further suffer S.I. for six months under Section 376- D/34 of the IPC.

4. The victim was given compensation of Rs. 5,00,000/-.

5. The other person put up on Trial along with appellant, viz., Sangita Devi has only been sentenced to undergo S.I. for one year and to pay a fine of Rs. 1,000/- for the offence under Section 342 of the IPC.

6. The sentences against the appellants have been ordered to run concurrently.

7. The victim, a girl of less than 18 years, is said to have been gang-raped by six persons including the two appellants in the night of 09.06.2021.

8. The victim has herself filed the FIR alleging that while she was witnessing the marriage function of the daughter of one Laxman Ram from her roof-top, she was gestured by co-accused/Sangita Devi to come down. Sangita Devi took her to a hut and locked her inside. This had happened at about 09:00 P.M. in the night of 09.06.2021. Later, at about 11:00 P.M., six accused persons entered the hut and committed rape with the victim. She was stripped naked and her photograph was taken by mobile telephone for the purposes of uploading it on social media. Thereafter, appellant/Sanjay Ram (Cr. Appeal (DB) No. 899 of 2022) undressed her and committed rape on her. All others watched.

9. She also claims to have been divested of her personal belongings including her ornaments. When she shouted for help, her parents and villagers arrived. Seeing them, the accused persons ran away. She was taken to her home by her parents. Next day, in the morning of 10.06.2021, she went to the Mahila Police Station along with her parents and lodged the case. Since she was the only child of her parents, the accused persons had an evil eye on her family property.

10. On the basis of the afore-noted statement of the victim, Mahila P.S. Case No. 41 of 2021, dated 01.06.2021 was registered for investigation for the offences under Sections 147, 341, 323, 342, 376-D, 379, 506 and 120-B of the IPC and Sections 4 and 6 of the POCSO Act, 2012 against the appellants and others.

11. The police after investigation, submitted charge-sheet against four of the accused persons including the appellants and Sangita Devi and one Arvind.

12. For the reason of Arvind being a juvenile, his case was transferred to the concerned Juvenile Justice Board for determination of his guilt. With respect to the others, the investigation was kept pending.

13. The Trial Court, after having examined six witnesses on behalf of the prosecution, convicted and sentenced the appellants as aforesaid.

14. We have heard Mr. Abhash and Mr. Pradhan Murli Manohar Prasad, the learned Advocates in the two appeals respectively and Mr. Binod Bihari Singh, the learned APP for the State in both the cases.

15. According to the fardbeyan of the victim, she was gang-raped in the night of 09.06.2021. This had happened after she was asked to come down by co-accused/Sangita