D.P.SINGH, J. - (1.) SINCE all the appeal, arise out of common judgment, are herd together and are being disposed of by this common judgment.
(2.) ALL these appeals are directed against the judgment of conviction and order of sentence dated 18.12.2004 and 20.12.2004 passed by Sessions Judge, Chaibasa, West Singhbhum in Sessions trial No. 233/2003, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Sections 366 and 376(2)(g) IPC and sentenced them to undergo RI for ten years and a fine of Rs. 2000/ - for the offence under Section 366 IPC and in default of payment of fine to undergo RI for three months and further undergo RI for ten years and a fine of Rs. 5000/ - under Section 376(2)(g) IPC and in default of payment to undergo RI for six months. However, both the sentences were directed to run concurrently. The brief facts leading to these appeal are that one Fulmani Mundari, a tribal girl of village Meromgutu, P.S. Bandgaon has arrived at Chakradharpur Railway Station in the morning of 24.7.2003. The victim girl was standing outside the railway station on the same evening when she was approached by four persons with purposely to accompany them in a maruti van. The prosecutrix refused to accompany them on the ground that they were strangers. However, they forcibly dragged her inside a white maruti van and drove towards a lonely place. Further stated that the said vehicle was stopped in a pump road and she was subjected to rape. However, the prosecutrix could manage to flee during the commission of rape and reached at the house of Ex - MP Vijay Singh Soy. The police guards in the house informed the police, which arrived immediately and examined her.
(3.) ACCORDING to the prosecution case, the police acting swiftly on the statements made by the prosecutrix, arrested three of the appellants from their respective houses same night and further could recover a motorcycle bearing No. BR -16 -5141 from parking lot of Chakradharur railway station as well as a white maruti van bearing No. BR -16K -7140 from village Asantalia on disclosure made by the appellants. The police recorded the statement of the appellants and forwarded the prosecutrix for her medical examination by PW 13. The medical examinations confirm the allegation that the prosecutrix, PW 8 was subjected to sexual abuse. The prosecutrix identified all the appellants before the police and finally charge sheet was submitted against all of them under Sections 366 and 376(2)(g) IPC.;