R.R. Prasad, J.

1. Since both the appeals arise out of common judgment it were heard together and are being disposed of by this common order.

2. The appellants, Santosh Kumar Biswas, and Aslam Ansari were put on trial along with Tohid Khan to face trial under Section 366 and 376(1) of the Indian Penal Code on the allegation that the appellants Santosh Kumar Biswas and Aslam Ansari along with co-convict Tohid Khan kidnapped Sunita Kumar (P.W.1) Kabita Kumari (P.W.3) and Meena Kumari (P.W.4) respectively and committed rape upon them respectively and the trial court having found them guilty under Section 376(1) of the Indian Penal Code sentenced them to undergo rigorous imprisonment for seven years and further on finding them guilty to undergo rigorous imprisonment for five years under Section 366 of the Indian Penal Code with the stipulation that both the sentences shall run concurrently.

3. The facts of the case are that the informant Dwarika Rawani (P.W.2) informed the police regarding missing of her daughter Sunita from his house from 19.12.1996, upon which a sanha was lodged. Subsequently on 20.3.1997 the informant (P.W.2) lodged First Information Report (Ext 4) stating th