1. Heard Mr. M.H. Ahmed, learned counsel for the appellants. Also heard Mr. D. Das, learned Additional Public Prosecutor, Assam.

2. The appeal is directed against the judgment and order dated 05.09.2009 passed by the learned Additional Sessions Judge (FTC), Kokrajhar, in Sessions Case No. 28/06 (G.R. Case No. 139/2005), convicting the accused appellants under Section 366A/34 IPC and sentencing them to suffer rigorous imprisonment for three years each and fine of Rs. 2,000/- each, in default, simple imprisonment for three years.

3. The learned Trial Court held that the prosecution failed to prove the case against the appellants under Section 376 IPC.

4. By an order dated 19.10.2009, passed in Crl. Misc. Case No. 592/2009, the impugned judgment and order dated 05.09.2009 was suspended till disposal of appeal and the appellants were allowed to remain on previous bail as granted by the learned Trial Court.

5. An Ejahar was lodged on 04.03.2005 by the brother of the victim (PW3), who is herein after referred to as “X” stating that on 24.02.2005 at around 11:00-12:00 P.M., his younger sister Musstt. Arjina Begum, aged about 13 years, went missing from her bed while she was sleeping. S