JUDGMENT :

Ratnaker Bhengra, J.

Heard Mr. Bhola Nath Rajak, the learned amicus curiae, who appeared on behalf of the appellant in Cr. Appeal (S.J.) No. 348 of 2010, Mr. Bhaiya Vishwajeet Kumar, the learned counsel, who appeared for the appellant in Cr. Appeal (S.J.) No. 1360 of 2008 and Mrs. Nehala Sharmin, the learned APP, who appeared for the State in both the cases.

2. Both these criminal appeals are preferred against the judgment of conviction dated 27.08.2008 and the order of sentence dated 01.09.2008 passed by the learned 2nd Additional Sessions Judge, Hazaribag in Sessions Trial No. 460 of 2006, whereby and whereunder, the appellants were convicted under sections 363, 366A and 376(2)(g) of the Indian Penal Code and sentenced to undergo RI for three years each under section 363 IPC, RI for seven years each under section 366A IPC and appellants were further sentenced to undergo RI for seven years under section 376 (2) (g) IPC. All the sentences were ordered to run concurrently and period already undergone during investigation and trial were ordered to be set-off.

3. The case of prosecution, in brief, as per the fardbayan dated 17.04.2006 of the informant PW-6 Baharuddin Ansari, re