JUDGMENT

1. Heard learned Amicus Curiae Mrs. Alpana Verma in Criminal Appeal No. 212 of 2013 and learned counsel for the appellant Mr. Shivam Sahay appearing on behalf of the appellant in Criminal Appeal No. 145 of 2013 and Learned counsel for the State Mr. S.K.Srivastava, Additional Public Prosecutor in both the appeals.

2. These two appellants stand convicted for the offence under Section 376(2)(g) of the Indian Penal Code by the impugned judgment dated 29.01.2013 passed in Sessions Trial No. 165 of 2010 by the learned Additional Sessions Judge-II, West Singhbhum at Chaibasa and have been sentenced to undergo R.I for 10 years with a fine of Rs.10,000/- and in default of payment of fine, to further undergo S.I. for 3 months by the order of sentence dated 30.01.2013.

3. The First Information Report being Gua (Bara Jamda) P.S. case No. 21/2010 was registered on 18.04.2010 under Section 376(2)(g) of the I.P.C on the basis of fardbeyan of the victim woman aged 40 years X (name withheld) recorded by Assistant Sub Inspector of Police Nalin Mohan Jha at 05.00 Hrs on 18.04.2010 at the Primary Health Centre, Barajamda. The fardbeyan was recorded in the presence of the daughter of the Inform