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 came to spot and seeing them, the accused persons fled away from the orchard. Police recorded the fardbeyan of the prosecutrix on the next day at about 15 hours and took up investigation of the case. After completion of investigation police has submitted charge-sheet against the three accused persons for having committed the offence punishable under Section 376 I.P.C. and Section 3(1)(xii) of SC and ST (Prevention of Atrocities) Act, 1989.

3. The defence of the accused is total denial of the occurrence and false implication.

4. In order to prove its case the prosecution has examined nine witnesses while two witnesses have also been examined on behalf of the defence. Amongst them P.W. 1 is father of the victim, PW. 2 is mother of the victim, P.W. 3 prosecutrix (victim girl), P.Ws. 4, 5 and 6 were declared hostile. P.W. 7 is Doctor who examined the victim girl on 14.10.2004, P.W. 8 is the I.O. and P.W. 9 is Judicial Magistrate who recorded the statements of the victim girl under Section 164 Cr.P.C.

5. Mr. S.M. Tripathy, learned Sr. Counsel appearing for all the three appellants, submits that the doctor has not found the definite sign of rape and on this score alone, the appellants ought to have given at least benefit of doubt and acquitted in this case.

But I find from the evidence of the Doctor P.W. 7 who examined the victim and found tenderness and redness in the private part of her body. She has stated in her evidence:-

"(i) On pelvic examination I found tenderness and redness present vaginal swab was taken sent to pathology for microscopic examination to see the presence of spermatozoa.

(ii) According to the pathologist's report dead spermatozoa was found in the microscopic field of the prepared slide.

(iii) I opined that there is evidence of sexual intercourse present at the time of examination.

The Doctor (P.W. 7) has very specifically stated that she found internal injury with the patient. Thus, the evidence of the Doctor corroborates the statement of the prosecutrix fully. The medical report shows the age of the victim is about 1215 years.

6. Mr. 8.M. Tripathy learned Sr. Counsel has submitted that there are discrepancies in the evidence of the prosecutrix with her parents. It is further submitted that there was no source of light and the fateful night was dark night. Therefore, it is difficult for prosecutrix to identify the appellant accused persons.

7. On scrutinizing the evidence of P.W. 3, the prosecutrix, I find she has stated that the occurrence took place in the night when she was staying with her parents in her village house. At about 10 P.M. three accused appellants of the aforesaid three appeals, namely Fagu Mahto @ Tudu, Ashok Sao and Tunua Sao came near her house and resorted to brick batting. Thereafter, the accused persons pushed t