after investigation charge-sheet was submitted against the appellant nos. 1 and 2 and vide order dated 17.05.2008 cognizance was taken against them by the in-charge Chief Judicial Magistrate, Gaya and investigation against appellant no.3 was kept pending and his record was ordered to be split but again supplementary charge-sheet was submitted against appellant no.3 and cognizance was taken against him on 04.03.2009. Learned counsel for the appellants submits that the case was committed against appellant nos.1 & 2 on 30.07.2008 and appellant no. 3 on 20.05.2009. The charges were framed against appellant nos. 1 & 2 on 10.02.2009 in the separate session record and charge against appellant no.3 was framed on 08.10.2009. As both the recorded were on same position. Therefore, both were amalgamated by order dated 31.03.2011. Learned counsel for the appellants submits that the prosecution has examined three witnesses Awanish Kumar (PW-1), Smt. Sheela Pandey (PW-2) and Neela Devi (PW-3) among which PW-3 (Neela Devi) was declared as hostile and in the present case the I.O. was not examined and even the victim was also not examined. The statement recorded by the informant and her son was contradictory to each other. He further submits that the case
