S.C. Das, J.

1. Both the appeals, filed by the appellants, aforementioned, have been directed against the judgment and order of conviction and sentence dated 16.04.2008, passed by learned Sessions Judge, South Tripura, Udaipur in Case No. ST 49(ST/U)2007. Since the appeals are directed against same judgment of conviction and sentence, on the prayer of learned counsel of both sides, those are heard together and this single judgment shall govern both the appeals. Heard learned counsel, Mr. B. Debnath for the appellants and learned addl. P.P., Mr. R.C. Debnath for the State respondent.

2. Brief facts:

2.1 The victim prosecutrix, a minor girl, aged about 15/16 years namely "Bimala" (actual name kept concealed) was engaged as a maid servant in the house of Sanjit Kr. Das and Smt. Alo Rani Das (P.Ws. 5 and 2) at village Basantanagar, under P.S. R.K. Pur, South Tripura and was working in that house as maid servant. Sanjit Kr. Das, being a govt. servant used to reside at Dhalai in his place of posting, away from his residence. Alo Rani Das, W/o Sanjit Kr. Das, with her two minor children and the maid servant "Bimala" used to reside in the house. Alo Rani also being a govt. servant used to go out in the morning and return in the afternoon. "Bimala" being the maid servant used to stay in her master's house. Accused Tutan Das, Litan Das and their mother Sushama Das were the adjacent neighbour of Sanjit Kr. Das, the master of "Bimala". Accused Tutan gradually developed intimacy with "Bimala" and with the assurance of marriage undergone intercourse with her frequently, as a result she got pregnant. She (Bimala) disclosed her pregnancy to accused Tutan to which the accused threatened her not to disclose the fact to anybody and that the pregnancy should be terminated and thereafter he will marry her. The accused Tutan took her to a 'Quack' at Tulamura in a small medicine shop wherefrom she was taken to the house of that 'Quack' doctor and the 'Quack' doctor applied some herbal medicine in her vagina and thereafter, the accused Tutan sent her back to the house of her master's. "Bimala" did not disclose anything to her landlady since the accused threatened her that if she discloses the fact, he will not marry her. On the following day, she was feeling severe pain in her lower abdomen and started crying due to pain. The accused Tutan went away from house.

2.2 Seeing the condition of "Bimala", the accused Litan Das (elder brother of Tutan) took "Bimala" to G.B. Hospital where doctor advised to admit her in the hospital since her condition was serious. The accused Litan did not admit her in the hospital but brought her back to Tulamura at about mid night to the 'Quack' doctor, who had applied herbal medicine. The 'Quack' doctor took "Bimala" to his house and taken out the herbal medicine from her vagina and thereafter terminated her pregnancy. She was thereafter brought back after mid night to the house of the accused Litan and was kept in their house for the night. The landlady (P.W. 2) enquired about "Bimala", on her return from office, with accused Sushama Das to which Sushama told her that "Bimala" had been taken to the hospital for treatment since she was suffering from severe abdominal pain.

2.3 Alo Rani (P.W. 2) informed her husband Sanjit (P.W. 5) over telephone and as advised by her husband, she informed the facts to the village elders and the Panchayat Members of the locality and she got suspicious about the incident. On the following morning "Bimala" was sent back to her master's house to which the landlady, Alo Rani (P.W. 2) asked "Bimala" as to what happened to which "Bimala" narrated the fact in details of her pregnancy and termination thereof. Alo Rani again informed the facts to her husband and as advised by her husband, she reported the incident to the village elders and Panchayat Members and in the meantime, all local people came to know about the incident.

2.4 The accused Litan and Sushama approached the Village elders and Me