All these three appeals have been filed against the same judgment dated 7.9.2006 and order dated 11.9.2006 passed by Shri A.K. Chaudhary, 1st Additional Judicial Commissioner, Ranchi in S.T. No. 192 of 2005 by the aforesaid three appellants. The said three appellants are convicted under Section 376(2)(g) of the I.P.C. and are sentenced to undergo R.I. for ten years and fine of rupees 25,000/- and in default of the payment of fine to undergo S.I. for six months and acquitted from the charge under Section 3(1)(xii) of SC/ST (Prevention of Atrocities) Act. As the aforesaid three appeals arise out of the same judgment and order so they have been heard together and are being disposed of by this common judgment.

2. The prosecution case in brief is that in the intervening night of 13/14th October, 2004 at about 10 P.M. the accused Ashok Sao, Tunua Sao and Tidu @ Fagu came to the victim's house situated in Village-Sargai and forcibly took away prosecutrix, a minor girl of aged 13 years belong to the scheduled tribe to the nearby orchard and in turn committed rape on the prosecutrix. At this, the prosecutrix raised hue and cry at which the parents and other persons of their village ca