Ranjana Pandya, J.

1. Challenge in this appeal is to the judgment and order dated 23.08.1996, passed by Second Additional Sessions Judge, Barabanki, in Sessions Trial No. 417 of 1992 (State vs. Hari Shankar Chaurasiya and others), registered as Case Crime No. 775 of 1991, under Sections 342, 366, 376 I.P.C., Police station Kotwali, District Barabanki, whereby, all the appellants were acquitted for the charges under Section 366 I.P.C. the accused were found guilty and sentenced for 5 years' rigorous imprisonment under Section 376 I.P.C. coupled with a fine of Rs. 1000/- each with default stipulation. Each of the accused was further sentenced to 3 months rigorous imprisonment under Section 342 I.P.C.

2. Filtering out unnecessary details, the prosecution case in brief is that a report was lodged by one Lalloo Awasthi stating that at the flat of Shiv Karan Singh Chaurasiya, transport company is being run. In one of the rooms of the transport company, the servants of Shiv Karan Singh namely Vijay and Bharat have closed the room and committed rape on a girl. The girl is raising alarm from inside the room. The informant Lalloo Awasthi made his companion Udai Narayan stand near the