P.K. Saikia, J.

1. The Judgment and Order 17.7.12 passed by Addl. Session Judge, Aizawl is in Criminal Trial No. 240/2008 convicting the accused/appellant namely; Lalhuapzuava u/s. 376/ 511 IPC and sentencing him to R.I. for 2 (two) years and to pay a fine of Rs. 2,000 in default R.I. for 1 (one) month for the offences aforesaid, has been questioned by the, state of Mizoram as well as the accused appellant having preferred Criminal Appeal No. 35 of 2012 and Criminal Appeal No. 39 of 2012 respectively. Since both the appeals have arisen from common Judgment dated 17.7.12, passed in Criminal Trial No. 240/2008, I propose to dispose of both these appeals by this common Judgment and Order.

2. The brier facts necessary for disposal of the present appeals are that on 22.2.2008 at about 1.45 p.m., one H. Lalparrnawii lodged an FIR with the O.C. Saron Veng Police Station alleging that on the same day at around 8.20 a.m. one Lalhuapzauva took her minor daughter aged 9 years to his house on the pretext of giving her a letter to carry to the mother of the accused who was at a place, situated in between the residence of the prosecutrix and her school.

3. Her sister suspecting some foul play on the part of the accused/appellant, persuaded herself to the house of the accused person and started calling the accused person by being in front of his house. Soon thereafter, the accused came out of his house and told her that her sister had already left his house. Not believing such claim, made by the accused, the sister of the prosecutrix entered the house of accused person only to find her sister stuffed under the bed of the accused person.

4. Thereafter she came to know that the accused had raped her younger sister in his house. An FIR to that effect on being lodged on the same day with the O.C. Saron Veng Police Station, O.C. concerned registered a case vide Saron Veng PS Case No. 63/8 under Section 376/ 511 IPC and one Christie Funai, SI of Police was entrusted with the investigation of the case aforementioned.

5. The IO who was so entrusted with the investigation, visited the place of occurrence, examined the witness including the victim girl and got her examined by the doctor. On conclusion of the investigation, she submitted charge sheet under Section 376(2)(f) IPC and forwarded the accused person to the court to stand his trial.

6. The Magistrate before whom the charge-sheet was so laid, committed the case to the Court of Session since the offence under Section 376(2)(f) IPC is exclusively triable by Court of Session. The learned Sessions Judge, Aizawl on receiving the case on commitment transferred the case to the file of Addl. Session Judge, Aizawl for disposal of the same in accordance with provision of law.

7. The learned Addl. Session Judge, Aizawl, on receiving the case on transfer, heard the parties and thereafter framed charge under Section 376(2)(f) IPC against the accused person. The charge so framed on being read over and explained to the accused person, he pleaded not guilty and claimed to be tried. During trial, the prosecution side has examined as many as 5 witnesses including the victim girl.

8. In due course the statement of the accused person was recorded under Section 313 CrPC. However, the accused person totally denied the allegations brought against him but he declined to adduce any evidence on his own. On conclusion of the trial and on hearing the learned counsel for the parties, the Trial Court convicted the accused of offence 376/511 IPC and sentenced him to punishment as aforesaid.

9. This is the judgment which has been assailed in Criminal Appeal No. 35 of 2012 by the accused-appellant whereas state appellant has assailed the same preferring Criminal Appeal No. 39 of 2012 on the grounds stated in the Memo of Appeals. The learned Counsel for the accused-appellant has assailed the judgment impugned mainly on two grounds.

10. At the very beginning, he has contended that the learned counsel who defended the accused befo