JUDGMENT By Court: On repeated call, nobody appears on behalf of the appellants to argue this case. 2. On the request of the Court, Mr. Bishumbhar Shasrti argued this case as Amicus Curie. 3. The instant appeal is directed against the judgment of conviction and order of sentence dated 22.01.2000 passed in S.T. No. 167 of 1996 by Shri Ajeya Kumar Sinha, 2nd Assistant Sessions Judge, Gumla, by which judgment he found the appellants guilty under Sections 376/34 of the Indian Penal Code and sentenced them to undergo R.I for ten years as aforesaid. 3. It is submitted by learned counsel for the appellants that the statement of the victim girl vidyawati Ekka is not reliable and conviction of the appellants on the basis of acceptance of guilt before the Panchayti is bad in law and fit to be set aside. It is further submitted that appellants were taken into custody on 18.04.1996, have not been granted bail in trial. In that view of the matter appellants have remained in custody for more than ten years. 4. On the other hand learned counsel for the State has opposed the prayer and submitted that prosecutrix has fully supported the prosecution case and other witnesses have proved proceeding of the panchayti in which three appellants admitted their guilt therefore, they have rightly been convicted. 5. After hearing both the parties and going through the records, I find that the prosecution case was started on the basis of fardbeyan given by the victim, P.W. 10, Vidyawati Ekka, on 15.04.1996 stating therein that she had gone to home on the eve of 'paska' festival on 08.04.1996. On 10.04.1996 when she was returning to her hostel for which she had to go to her uncle's house at Chirgaon. When she arrived at lonely place near village Kanhar Toli suddenly Birendra Kujur, Devnath Ekka and Bandhan Minz caught hold of her and laid down. thereafter, Birendra Kujur lifted her skirt and stripped her panty and one by one they committed rape upon her and they fled away from there. She went to her uncle's house at Chirgaon and narrated the entire story before her cousin. She spend night at Chirgaon and on 11.04.1996 in the morning she went to Tongo School. Her father came to Tongo on 13.04.1996 then she told about the occurrence to him. She went to her uncle's house at Chirgaon and narrated the entire story before her cousin. She spend night at Chirgaon and on 11.04.1996 in the morning she went to Tongo School. Her father came to Tongo on 13.04.1996 then she told about the occurrence to him. On 14.04.1996 she returned to Kovi Toli along with her father. Thereafter, a panchayti was held and the appellants were present there and they admitted that they committed raped upon her. Thereafter, panches suggested her to get a case registered at police station. 6. On the basis of the fardbeyan, police registered a case under Sections 376/34 of the Indian Penal Code against the accused and after investigation, police submitted charge-sheet in the case against the accused under Sections 376/34 of the Indian Penal Code. Since, the case was exclusively triable by the court of Sessions, after taking cognizance learned Chief Judicial Magistrate committed the case to the court of Sessions and subsequently, the case was tried by learned 2nd Assistant Sessions Judge, Gumla, who found the appellant guilty under Sections 376/34 of the I. P. C. and sentenced him as aforesaid. 7. It appears that in the course of the trial, the prosecution has examined as many as thirteen witnesses.P.W.1, Abraham Tigga. P.W.2, Iliash Kujur. P.W.3, Ajit Kujur. P.W.4, Saihun Kujur. P.W.5, Ranthu Lohra. P.W.6, sanicharwa Baraik. P.W.7, Vardan Kujur. P.W. 8, Makhilda Toppo.P.W.9, Ebertus Ekka. P.W. 10, Vidyawati Ekka. P.W. 11, kristh Ekka. P.W. 12, Joseph Minz. P.W. 13, Dr. Jeuna Lakara. P.W. 10. Vidyawati Ekka is informant of the case, she has fully supported the prosecution case in her statement that when she was examined in trial as P.W.10 as well as given in F.I.R. She stated in Court that on 10.04.1996 when she was returning to her hostel with her mother, her mother left her near Ghatighagh and told her that you go to your uncle's house at chirgaon. When she arrived at lonely place near village Kanhar Toli suddenly Birendra Kujur, Devnath Ekka and Bandhan Minz caught hold of her and laid down . Thereafter, Birendra Kujur lifted her skirt and stripped her panty thereafter, one by one they committed rape upon her and they fled away from there. She went to her uncle's house at Chirgaon and narrated the entire story before her cousin. Thereafter, Birendra Kujur lifted her skirt and stripped her panty thereafter, one by one they committed rape upon her and they fled away from there. She went to her uncle's house at Chirgaon and narrated the entire story before her cousin. She spend night at Chirgaon and on 11.04.1996 in the morning she went to Tongo school hostel with her cousin. Her father came to Tongo on 13.04.1996 then she told about the occurrence to him. On 14.04.1996 she returned to Kovi Toli along with her father. Thereafter, a panchayti was held and the appellants were present there and they admitted that they raped her. Thereafter, panches suggested her to get a case registered at police station. She identified three appellants in Court. In her cross-examination she stated that Panchayti was held at about 10 A.M. to 5 P.M. In panchayti these three appellants were present along with their father. P.W.1, Abraham Tigga, was present in the panchayti and he stated in the Court that panchayti was called on 14.04.1996 with regard to the rape of the victim Vidyawati Ekka by these accused persons. Her statement was recorded in panchayti and she identified all three boys after that their statement was also recorded they admitted their guilt. All the three accused present and on the document he proved his signature as Ext.1. In his cross-examination he stated that Elipash Ekka, Ajit Ekka, Lapzash Lakra were present and he was also present in the meeting. Panchayti was held after four days of occurrence. The occurrence was on 10.04.1996. Police recorded his statement in the police station. P.W.2, Iliash Kujur, who was also present in the meeting, stated that Vidyawati Ekka came to her village to celebrate the paska festival. She studied in Tongo school hostel. After holiday her mother left her till the ghati darra and returned to her home thereafter vidyawati ekka was going to tongo school hostel. When she arrived at lonely place near village Kanhar Toli suddently Birendra Kujur, Devnath Ekka and Bandhan Minz caught hold of her thereafter, one by one they committed rape upon her and they fled away from there at 11 P.M. in night. When she arrived at lonely place near village Kanhar Toli suddently Birendra Kujur, Devnath Ekka and Bandhan Minz caught hold of her thereafter, one by one they committed rape upon her and they fled away from there at 11 P.M. in night. Thereafter, she went to her uncle's house at Chirgaon and narrated the entire story before her uncle, thereafter her uncle told the entire story to her father and her father went to Tongo school and met her then she told about the occurrence to him. On 14.04.1996 she returned to Dumri along with her father. Thereafter, a panchayti was held and her statement was recorded in panchayti and she identified all three boys. After that their statement was also recorded and appellants admitted their guilt. He proved his signature as Ext. 1/1. He identified these three accused in the Court. In his cross examination, he stated that even father of the accused and the accused were called in the meeting and on the paper of meeting at serial No. 29, he identified their father. P.W.3, Ajit Kujur is one of the member of panchayati. He stated that a panchayati was held on 14.04.1996 in which accused persons accepted their guilt. He identified his signature on serial no. 30 as Ext. 1/2. P.W.4, Saihun Kujur, he has proved his signature on the seizure list before I.O. as Ext. 2. P.W.5, Ranthu Lohra, he was present in the panchayati and stated that on 14.04.1996 in which accused persons accepted their guilt. He has proved his signature as Ext. 1/4. P.W.6, Sanicharwa Baraik is a tender witness. P.W.7, Vardan Kujur, is proved his signature as Ext.1 at serial no. 2. Ext. 1/5. P.W. 8, Makhilda Toppo is mother of the informant. She stated that on 10.04.1996 she crossed Gatidharamountain to her daughter Vidyawati Ekka and left her there and returned to home. Her 'Bhaisur's' son told her that Devnath, Birendra and another man raped her daughter. Thereafter, her husband went to school then her daughter told him that Badhan, Devnath and Birendra raped her. Thereafter, her husband came alongwith her daughter. A Panchayati was held on 14.04.1996 and in panchayati victim told that these accused forcibly raped her. Her 'Bhaisur's' son told her that Devnath, Birendra and another man raped her daughter. Thereafter, her husband went to school then her daughter told him that Badhan, Devnath and Birendra raped her. Thereafter, her husband came alongwith her daughter. A Panchayati was held on 14.04.1996 and in panchayati victim told that these accused forcibly raped her. P.W.9, Ebertus Ekka, father of the victim girl Vidyawati Ekka, stated that he came to know about the commission of rape on his daughter from his nephew then he went to Tango School, where his daughter told about the commission of rape to him then he came to his village with his daughter. A panchayati was called in the village where accused persons were present and recorded the statement of the accused persons. He proved his signature as Ext. 1/6. P.W. 11, kristh Ekka, cousin of the victim girl, has also supported the prosecution case and stated that the occurrence was on 10.04.1996 when she was going to school with her mother and her mother left her near gatighat and when she arrived at kanhar toli then three boys caught hold her and one by one raped upon her, after that she came to his house and told about the occurrence to him. On the next day he went with her to her tango school. He told about the occurrence to her father thereafter, a panchayati was held, where these accused persons were present and subsequently, the statement of the accused persons were recorded. P 12, Joseph Minz, is also a member of panchayati. He also .W. supported the prosecution case and stated that a panchayati was held in the village. P.W. 13, Dr. Jeuna Lakara is a doctor who examined the prosecutrix, the medical report which is marked asExt.3 and gave her opinion that the rape has been committed upon the victim. In that view of the matter, I find nothing to discredit the statement of the prosecution and relying the evidence of the prosecutrix which is corroborated by the other witnesses and they stated that a panchayati was held in the village and the appellants accepted their guilt before them and the doctor has also found that rape was committed upon the victim girl. In that view of the matter, I find the appellants guilty under Section 376 of the Indian Penal Code. 8. In that view of the matter, I find the appellants guilty under Section 376 of the Indian Penal Code. 8. However, it is submitted by the learned counsel for the appellants that it appears from the record that theappellants/accused surrendered in the Court in1996 and since no bail was granted to them either by the Chief Judicial Magistrate or by the Session Judge and they remained in custody for more than their period of sentence against them i.e. 10 years. 9. In that view of the matter, if the accused are still in jail custody since, already more than their period of sentence has elapsed, they shall be released from the jail custody forthwith, if not wanted in any other case. Accordingly, with the aforesaid direction this appeal is dismissed.