D.P.SINGH, J. - (1.) BOTH the appeals arising of the same judgment of conviction, have been heard together and are being disposed of by this common judgment.
(2.) THE appellants of both the appeals have preferred these appeals against the judgment and order dated 12.8.2002 and 13.8.2002 passed by the Additional Sessions Judge. Fast Track Court No. 2, Deoghar in Sessions Trial No. 109 of 2001 whereby and whereunder the appellant, namely. Kameshwar Yadav of Cr. Appeal No. 493 of 2002 has been convicted under Sections 376/511/109 of the Indian Penal Code and has been sentenced to undergo R.I. for 3 years and 6 months and fine of Rs. 300/ - in default of fine further R.I. for one month and the appellant, namely, Gango Bhokta of Cr. Appeal No. 510 of 2002 has been convicted under Sections 376/511 of the Indian Penal Code and has been sentenced to undergo R.I. for 4 years and fine of Rs. 500/ - in default of fine further R.I. for one month. Brief facts leading to these appeals are Uat in the evening of 3rd November, 2001 the informant PW 7 Sabita Devi wife of K ashal Thakur has gone to ease herself at nearby Joria of village Bhogtadih P.S. Jasidih, District Deoghar. Further stated when she was returning, appellant in Cr. Appeal No. 510 of 2002, Gango Bhokta tried to lure her for sexual intercourse showing a Rs. 100/ - currency note. As alleged when she refused the appellant. Gango Bhokta forcibly tried to out raise her modesty and commit rape by raising her cloths. However, she could manage to free herself and ran back to her house where she informed the house inmates about the occurrence. According to the informant when her family members went to protest against the highhanded activities of appellant Gango Bhokta, the appellant Kameshwar Yadav taking his side threatened them that she will be subjected to rape. The village panchayat was called but the appellants did not participate. Thereafter police was informed.
(3.) THE statement of the informant vide Ext. 1 has been registered on 15.11.2000 as Jasidih P.S. Case No. 196 of 2000 after which police investigated the case and finally submitted charge -sheet against both the appellants under Sections 376/511/504/34 of the Indian Penal Code. The trial of the appellants was committed to the Court of sessions where they were charged under Sections 376/511 separately and under Sections 376/511/109 jointly.;