Rumi Kumari Phukan, J.

1. I have heard Mr. Z. Hussain, learned amicus curiae, for the appellant and Mr. B.J. Dutta, learned Addl. P.P., Assam.

2. This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973, preferred against the judgment & order dated 14.03.2014 passed by the learned Assistant Sessions Judge, North Lakhimpur, in Sessions Case No. 137(NL)2013, convicting the accused Md. Nasib Hussain, u/ss. 366(A) and 376 IPC and sentencing him u/s. 366(A) IPC to undergo rigorous imprisonment for 1 year, and also sentencing him to rigorous imprisonment for 9 years and 6 months along with a fine of Rs. 12,000/- u/s. 376 IPC, and in default of payment of fine, further rigorous imprisonment for 1 year and 3 months.

3. The accused was behind the bar and so he preferred the appeal from inside the jail and accordingly, the appeal was registered. The prosecution case, in nut shell, is that 2 victim girls namely R & T(name withhold) aged about 12 years and 17 years went together on 20.04.2013 to the house of their teacher, Sri Pradip Sharma to fetch books. On the way to Barpather, the accused Nasib Hussain along with one Mukut Ali took both the victims on a vehicle(M