(1.) Heard learned counsel for the appellants, learned counsel for the respondent No.2 as well as learned AGA appearing for the State.
(2.) This appeal has been preferred by appellants to set-aside the judgment and order dated 28/29.04.2019 passed by Additional Sessions Judge, Court No.2, Pratapgarh passed in Session Trial No. 442 of 2018, arising out of Case Crime No. 25 of 2018, under Sections 354-A, 504, 506, 352 I.P.C. and Section 3(1) (10) & 3 (2)(5A) of SC/ST Act, Police Station Baghrai, District Pratapgarh and also to set-aside the summoning order dated 22.11.2018 passed by the learned trial court.
(3.) Learned counsel for the appellants submits that the court below has materially erred in summoning the appellants to face trial as well as in rejecting the application of the appellants moved before the court below under Section 227 Cr.P.C. to discharge them in pursuance of the order dated 24.01.2019 passed in Application u/s 482 No. 585 of 2019. It is further submitted that an F.I.R. was lodged by the opposite party No.2 against the appellants alleging that on 14.02.2018 at 4.30 P.M., when the victim was returning back from her college, the accused persons intercepted her and outraged her modesty by physically assaulting her and on her resistance they addressed her with ugly casteist remarks. The incident is alleged to have been witnessed by some persons, who were working nearby. It is further alleged that when the family members of the victim went to the house of the accused persons to protest, accused Purshottam Pandey took out a rifle and threatened them to shoot.
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