By this judgment and order dated 30.3.1993 passed in Sessions Case No.l (S)/89, learned Addl Sessions Judge, Sonitpur, at Tezpur convicted the accused Bhagya Hazarika and Sadhan Debnath under section 366 Indian Penal Code (IPC) and sentenced them thereunder to 3 years rigorous imprisonment (RI) and also to pay a fine of Rs.300 each, in default to further 3 months RI.

2. Being aggrieved, the accused Bhagya preferred Criminal Appeal No. 104 of 1993 and accused Sadhan Criminal Appeal No. 75 of 1993. By an order dated 26.7.1993 passed in Criminal Appeal No. 104 of 1993, this Court directed that both the appeals be heard analogously by the same Bench.

3. I, therefore, propose to dispose of both the appeals by this common judgment.

4. I have considered the record of the case and have heard Mr. JM Choudhury, learned senior counsel for the accused appellant Sadhan Debnath and Mr. S. Mitra, learned counsel for the accused appellant Bhagya Hazarika, as well as Mr. Nur Mohammad, learned Addl Public Prosecutor appearing for the respondent -State of Assam.

5. The prosecution case in brief is that on 9.2.1987 at about 1.30 PM at No. 2 Dolabari under Tezpur Police Station, PW 2 Smti Jyoti Debnath, a

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