JUDGMENT :

1. Heard Sri Indra Pratap Singh, learned counsel for the appellants, Ms. Anupriya Jaiswal, learned AGA for the State and perused the record.

2. This appeal has been preferred by the convicts Gudun, Suresh, Jangay and Harish Chandra to set aside the judgment and order of conviction and sentencing dated 03.06.2000 passed by the XI-Additional Sessions Judge, Faizabad in ST No.827 of 1997 (State Vs. Gudun and others) arising out of Case Crime No.55 of 1997, under Sections 376, 354, 506 IPC, Police Station Khandasa, District Faizabad whereby the accused persons had been convicted under Section 376/511 IPC for five years rigorous imprisonment and fine of Rs.2,000/-each and in case of non-payment of fine to undergo six months additional incarceration; under Section 354 IPC for one year’s rigorous imprisonment each; under Section 506(2) IPC for one year’s rigorous imprisonment each. It was also directed that all the sentences shall run concurrently.

3. In brief, facts of the case are that informant Shreepal lodged an FIR on 08.03.1997 that in the night of 03.03.1997 at about 09:00 p.m. his daughter had gone outside the house to attend the call of nature. Gudun and Musey sons of Rad