Ashutosh Kumar, J.—Both the appeals have been taken up together and are being disposed off by this common judgment.

2. We have heard Mr. Bindhyachal Singh and Mr. Ramakant Sharma, the learned Senior Advocates for the two appellants, namely, Bholu Rai @ Ashish Rai [Cr. Appeal (DB) No. 438 of 2022] and Bali Rai @ Satyam Rai [Cr. Appeal (DB) No. 387 of 2022].

3. Mr. Ritesh Abhishek, the learned Advocate and Mr. Bipin Kumar, the learned APP have appeared in both the appeals on behalf of the informant and State respectively.

4. Both the appellants, who were put on Trial along with one Rinku Rai @ Brajesh Kumar Rai, have been convicted for the offences under Sections 376-D/34 and 376-DA/34 of the Indian Penal Code (in short the IPC) and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short the POCSO Act, 2012) vide judgment dated 18.04.2022 passed by the learned Additional District Judge-VI-cum- Special Judge, POCSO Act, Buxar in POCSO Case No. 43 of 2020/CIS No. 43 of 2020, arising out of Buxar Mahila P.S. Case No. 108 of 2020. By order dated 20.04.2022, they have been sentenced to undergo imprisonment for the remainder of their lives and to pay a sum of Rs. 25,000/- each for the offences under Section 376-DA of the IPC. No separate sentence has been imposed for the offence under Section 6 of the POCSO Act, 2012 in accordance with the provisions contained in Section 42 of the POCSO Act, 2012. In default of payment of fine, both the appellants have been directed to undergo S.I. for six months.

5. Apart from the afore-noted sentence, the appellants have also been sentenced to undergo R.I. for 25 years, to pay a fine of Rs. 5,000/- each and in default of payment of fine, to further suffer S.I. for six months for the offence under Section 4 of the POCSO Act.

6. The victim has also been awarded compensation of Rs. 5,00,000/-.

7. Both the appellants are alleged to have raped the victim, a minor girl, in the night of 11.11.2020.

8. The victim had lodged the fardbeyan on 12.11.2020 alleging that in the previous night, at about 07:30 P.M., she had come out of her house to attend to the call of nature. After she had gone to some distance and was about to sit in the field, the appellants came, caught hold of her and gagged her by using the scarf that she had been wearing and took her by the side of the haystack. She was repeatedly raped by the appellants. One Rinku Rai (since acquitted) was standing at some distance as if he was on vigil. He did not make any attempt to save the victim. While this was going on, a pedestrian came with a torchlight. Seeing that, all the three accused persons including the appellants ran away. The victim, thereafter, came back home and narrated about the occurrence to her parents. Since it was late in the night, no report was lodged on that day. It was only on the next day, i.e., on 12.11.2020 that she along with her parents came to Rajpur Police Station from where the victim and her family members were sent to Mahila Police Station, Buxar.

9. The afore-noted fardbeyan statement was authenticated by her parents, viz., Rameshwar Chaudhary and Shakuntali Devi, who have been examined as P.W. 1 and P.W. 3 respectively before the Trial Court.

10. On the basis of the afore-noted fardbeyan statement, a case vide Buxar Mahila P.S. Case No. 108 of 2020, dated 12.11.2020, had been registered for the offences under Section 376-D of the IPC and Section 4 & 6 of the POCSO Act, 2012.

11. The police, after investigation, submitted charge-sheet against the appellants and one Rinku Rai and all the three were put on Trial.

12. The Trial Court, after having examined seven witnesses on behalf of the prosecution and one on behalf of the defense, convicted and sentenced the appellants as aforesaid. However, for the lack of evidence against accused/Rinku Rai, he was acquitted.

13. Mr. Ramakant Sharma and Mr. Bindhyachal Singh, the learned Senior Advocates for the appellants have argued that an absolutely false case