Jitendra Kumar, J.—Both the appeals have been taken up together as they have been preferred against the same impugned judgment of conviction and order of sentence dated 19.12.2023 and 21.12.2023 respectively, passed by learned Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-VII, Gaya, in POCSO Case No. 17 of 2022 arising out of Mahkar P.S. Case No. 83 of 2021, whereby all three appellants have been found guilty for the offence punishable under Section 376-D of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for remainder of the natural life and to pay a fine of Rs.70,000/- each. In case of default to pay the fine, the appellants have been directed to undergo further simple imprisonment for one year and two months.

2. The prosecution case as emerging from the written report of the victim/informant addressed to Officer-in-charge, Mahkar Police Station, Gaya is that the informant is 14 years old. On 16.10.2021 she had gone to see Durga Pooja. At 11:00 O'Clock in the night, appellant Shashi Singh called her by his mobile number 6203025364 on her mobile bearing number 8434869849 and stated to her that her mother is calling her at home. She started going her home. On way in the village, appellant Shashi Singh, Dhiraj Kumar and Karu Singh forcibly caught hold of her and lifted her and took her to the roof of +2 College where she was raped by them one by one. After the rape, appellant/Karu Singh asked the co-accused to kill and throw her. But appellant Dhiraj Kuamr and Karu Singh cautioned that they would get implicated in a murder case. Appellant/Dhiraj Kumar clicked her photographs. Seeing the passers-by, all three appellants left her and fled away. Hence, she was saved. On account of the occurrence, she had left her home for committing suicide but she was saved by one old man and one old lady.

3. On the basis of the written report of the informant, Mahkar P.S. Case No. 83 of 2021 was registered on 23.10.2021 against all three appellants for the offence punishable under Sections 376(3), 376(D) and 376(DA) of Indian Penal Code and Section 6 of the POCSO Act.

4. After investigation, charge-sheet was submitted against all three appellants. Charge was framed against them under Sections 376(3), 376-D and 376-DA of the Indian Penal Code and Section 6 of the POCSO Act. The appellants, however, pleaded not guilty and claimed to be tried.

5. During the trial, the prosecution examined the following eight witnesses:—

(i) P.W.-1 - Father of the victim

(ii) P.W.-2 - The victim herself

(iii) P.W.-3 - Praveen Singh

(iv) P.W.-4 - mother of the victim

(v) P.W.-5 - Lal Babu, Principal of the School

(vi) P.W.-6 - Dr. Shakuntala Nag

(vii) P.W.-7 - Surendra Paswan, Investigating Officer

(viii) P.W.-8 - Ajay Kumar, Assistant Director of F.S.L.

6. The prosecution also brought on record the following documentary evidence:

(i) Ext.-P-1/P.W.2 - Written application of the victim/informant.

(ii) Ext.-P-2/P.W.2 - Signature of the victim/informant on the statement of 164 Cr.PC.

(iii) Ext.-P-3/P.W.4 - Signature of the mother of the victim on the seizure list

(iv) Ext.-P-4/P.W.4 - Signature of the father of the victim on the seizure list

(v) Ext.-P-5/P.W.4 - Signature of the victim on her statement under Section 161 Cr.PC.

(vi) Ext.-P-6/P.W.4 - Signature of the father of the victim on the statement of the victim under Section 161 Cr.PC.

(vii) Ext.-P-7/P.W.5 - Entry no. 117 of the admission register of the Middle School, Naili

(viii) Ext.-P-8/P.W.-5 - Certificate regarding date of birth of the victim issued from Middle School, Naili.

(ix) Ext.-P-9/P.W.-5 - Signature of the Principal of the Middle School, Naili on the photocopy of the extract of the admission register.

(x) Ext.-P-10/P.W.-6 - Medical examination report of the victim

(xi) Ext.-P-11/P.W.-7 - Formal first information report

(xii) Ext.-P-12/P.W.-7 - Registration of the first information report

(xiii) Ext.-P-13/P.W.-7 - Statement of victim recorded under Section 161 Cr.PC

(xiv) Ext.-P-14/