JUDGMENT :

Pradeep Kumar Srivastava, J.

Heard Mr. Mahesh Tewari and Mr. S.H. Haque, learned counsel appearing for the appellants and Mr. Naveen Kumar Ganjhu, learned A.P.P. and Mrs. Nehala Sharmin, learned Spl.P.P. appearing for the State.

2. Appellants of both the criminal appeals have challenged the judgment of conviction and order of sentence dated 14.08.2007 passed by learned Additional Sessions Judge, F.T.C.-VI, Dhanbad in Sessions Trial No. 281 of 2000, whereby and whereunder, the appellants have been held guilty for the offence under Sections 376 / 34 of the I.P.C. and sentenced to undergo R.I. of seven years.

FACTUAL MATRIX

3. The factual matrix as unfolded in the FIR is that on 04/05.06.1999, the prosecutrix (P.W.-5) was sleeping alone in her house. In the night at about 2:00 AM, she heard sound of knocking the door, on her query, a person told that he is Doctor Sashi and asked her to open the door. The prosecutrix did not open the door, rather told him to come in the morning. Thereafter, the door was bolted from outside by the accused and she noticed that one person climbing over the mud tiles roof, removed some of the tiles and making a hole came down into the room of the pro