S.C.Jha, J.

1. Both the appeals arise out of the same Police Station case number and same Sessions Trial number. Hence, they are being heard and disposed of by this common order.

2. Appellant Miraz Alam @ Tuddu has filed Cr, Appeal No. 194/2006 for setting aside the order of conviction and thereby imposition of sentence in Sessions Trial No. 44/2003 arising out of Sathi P.S. Case No. 22/2002, G.R. No. 793/2002 dated 16.2.2006 passed by Sri Dilip Kumar Sinha, Additional Sessions Judge-F T C-IV, Bettiah, West Champaran.

3. Appellant Meeraj Alam @ Tuddu has been held guilty, convicted and awarded sentence to undergo Rl for ten years for offence under Section 376 IPC and also imposed fine of Rs. 5,000.00 in default of payment of which to undergo Rl for six months.

4. In the same judgment, the learned Additional Sessions Judge has also held guilty other accused persons, Gausul Azam and Sk. Amanullah for commission of offence under Section 201/34 IPC and they have been sentenced to undergo Rl for three years each besides imposition of fine of Rs.1,000/-each in default of payment of which to undergo Rl for one month for commission of offence under Section 201/34 IPC.

5. Co-accused Gausul Azam and Sk. Amanullah have also filed separate criminal appeal bearing Cr. Appeal No. 152/2006.

6. Mrs. Rina Sinha has been appointed Amicus Curiae for convicted-appellant Meeraj Alam ® Tuddu.

7. Learned Additional Public Prosecutor for the State has also been heard in both the appeals.

8. On 1.4.2002 at about 6 P.M. Afsana Khatoon @ Bagari, who is a deaf, dumb and dull girl, was coming from the house of her Mama (maternal uncle) Mansoor Alam. But in the way, Gausul Azam called her by hint and sign and took her inside his house. After some time, nearby people heard weeping and sound of falter speaking of Afsana Khatoon and saw the room closed from inside from which sound of falter speaking of Afsana Khatoon was coming out. The people got the room opened and found the appellant (convict Miraj @ Tuddu, son of convict Gausul Azam) inside the room. Daughter of the informant was weeping and her cloth was not in order and was wet. They also saw sticky substance on her cloth and bed. The victim girl pointed towards Meeraj @ Tuddu and expressed her gesture and posture that Meeraj had committed rape on her. Gausul Azam told him that a mistake had been committed and the matter would be pacified by negotiation and on the version of Gausul Azam and other appellants, the informant did not give information to the Police Station and that in order to save his prestige, he accepted the marriage proposal given by the accused persons but later on, accused persons backed out and as such life of his daughter was ruined. The informant, who got full knowledge from his daughter and the nearby people, lodged the case.

9. On the written information of the informant, a formal FIR was drawn. After completion of investigation, the Police submitted charge-sheet. Cognizance was accordingly taken and the case was committed to the Court of Sessions and ultimately the trial concluded resulting in conviction of the aforesaid accused persons.

10. In course of trial altogether eleven witnesses for the prosecution and one witness namely, the victim Afsana Khatoon as C.W. 1 have been examined.

11. The witnesses examined on behalf of the prosecution are P.W.1 Ashraf Ali, P.W. 2 Abdul Kalam, P.W. 3 Md. Shamim, P.W. 4 Elamuddin, P.W. 5 Shakil Ahmad, P.W. 6 Dr. Usha Das, P.W. 7 Abdul Mannan, P.W. 8 Sk. Mustaque Ahmad, P.W. 9 Sarwar Alam, P.W. 10 Mirza Alam Mohammad Beg (I.O.), P.W. 11 Sister Moly Chako (Expert) and C.W. 1 Afsana Khatoon @ Bagari (victim girl).

12. P.W. 7 Abdul Mannan, P.W. 8 Sk. Mustaque Ahmad, and P.W. 9 Sarwar Alam have turned hostile.

13. P.W. 11 is Sister Moly Chako, who is Principal in Holly Cross Convent School, for Hearing Impair. She appears to be an expert for the purpose of deciphering the evidence of deaf and dumb person. She gives such details of obtainin