Ashutosh Kumar, J.—All the three appeals have been heard together and are being disposed of by this common judgment.

2. We have heard Shri Arun Kumar, the learned Advocate for the appellant / Abid Ansari in Cr. Appeal (DB) No. 409/2022; Mr. Vindhyakeshari Kumar, the learned Senior Advocate assisted by Mr. Neeraj Kumar @ Sanidh for the appellants/ Prashant Gupta and Nishant Gupta in Cr. Appeal (DB) No. 422 of 2022; and Ms. Akansha Ranjan, the learned Advocate for the appellant / Pintu Gupta in Cr. Appeal (DB) No. 522/2022. The State in all the three appeals has been represented by Mr. Ajay Mishra, the learned APP.

3. The appellants have been convicted for the offences under Sections 376(D), 323/34 and 341 /34 of the IPC and Section 6 of the POCSO Act, 2012 by judgment dated 25.04.2022 passed by the learned 7th Additional Sessions Judge -cum-Special Judge, POCSO (W), Muzaffarpur in G.R. No. 84/19 (Mahila P.S. Case No. 46/19). By order dated 26.04.2022, they have been sentenced to undergo R.I. for 20 years, to pay a fine of Rs. 50,000/- each and in default of payment of fine, to further suffer S.I. for one year for the offences under Sections 376 (D) of the IPC and Section 6 of the POCSO Act; S.I. for one months, to pay a fine of Rs. 500/- each and in default of payment of fine to suffer S.I. for seven days for the offence under Section 341/34 IPC and R.I. for one year along with a fine of Rs. 1000/- each and in default of payment of fine, to further suffer S.I. for one month for the offence under Section 323/34 IPC. The sentences have been ordered to run concurrently.

4. The victim, a 16 years old girl is alleged to have been gangraped by all the four appellants while she was coming back after collecting milk from a local milkman on 30.07.2019.

5. The victim (PW7) has lodged the fardbeyan recorded by one lady police officer by the name of Abha Rani posted in Mahila Police Station (not examined at the trial), alleging that on 30.07.2019 at about 7.15 P.M., while she was coming back home, she was gagged by the appellant / Prashant Gupta and thereafter taken inside the cluster of bamboo trees where appellants/Nishant Gupta, Pintu Gupta and Abid Ansari raped her. She was threatened of being killed if she spoke about the occurrence to anybody. After the act, she could anyhow come back home and narrate about the incident to her mother (PW6) and thereafter became unconscious. She regained her consciousness only in the emergency ward of SKMCH.

6. Based on the afore-noted fardbeyan statement, a case vide Mahila P.S. Case No. 46/19 dated 30.07.2019 was registered for investigation under Sections 376(D), 323 and 34 of IPC and Section 4 of the POCSO Act, 2012.

7. The police after investigation submitted charge-sheet against all the appellants whereupon they were put on trial.

8. The learned Trial Court after having examined ten witnesses on behalf of the prosecution and thirteen on behalf of the defense, convicted and sentenced the appellants as aforesaid.

9. While leading the arguments on behalf of the appellants, Mr. Vindhyakeshari Kumar, the learned Senior Advocate has argued that though a harrowing tale has been given by the victim in her fardbeyan statement and in her deposition before the Trial Court, but on a careful analysis of the evidence on record, it would clearly appear that the victim was not making a correct statement. In order to support the aforenoted contention, Mr. Kumar has drawn the attention of this Court to various facts, specially the medicological and serological reports. He has referred to the evidence of Doctor Chetna (PW8) and has submitted that the report clearly discloses that the victim was not subjected to gangrape. Similar is the situation with respect to the serological report in which it could not be said with certainty whether the blood found on the wearing apparel of the victim was human blood and that there were no trace of motile/dead of spermatozoa.

10. The other ground urged on behalf of the appellant is that