(1.) Judgement and order of conviction of the appellants for committing offence under Sec. 354B/323/448 of the Indian Penal Code (hereinafter referred to as IPC) on 13/9/2022 passed by Ld. Additional Sessions Judge, Fast Track, Second Court, Hooghly has been challenged in this appeal. By the impugned judgement Ld. Trial Judge convicted all three appellants under Sec. 354B/323/448 of the IPC but other three female accused were acquitted of the charge under Sec. 323/34 of the IPC. Background:-
(2.) In this case, initially law was put into motion by a written complaint lodged by one Namita Surul (PW1) before the Officer- in-charge of Pandua Police Station, District Hooghly alleging inter alia that all three appellants, well known to her, entered into her house on 20/8/2015 at about 6 p.m. while she was cooking. She cried by saying 'chor chor'. Then she was assaulted by appellant Sukalyan Keora and Amar Keora embraced her from the back portion. Appellant Asit Keora was also standing over there. They all made an attempt to molest her. Thereby, she felt pain on her body and blood was oozing form her lips. At that time, her nephew rushed to the spot and cried out. She was sent to hospital for treatment and the doctor asked to lodge complains to police.
(3.) On receipt of the aforesaid complaint on 21/8/2015 at about 12.20 hours Pandua PS Case No. 550 of 2015 dtd. 21/8/2015 under Sec. 448/376/511/323/325/35 IPC was started. After investigation charge sheet was filed against all three appellants and their respective wives under Sec. 448/376/511/323/325/34 of IPC before the Court at Ld. Chef Judicial Magistrate, Hooghly on 19/11/2015. After being committed the case to the Ld. Sessions Judge it was transferred to the Court of Additional Sessions Judge, Fast Track, Second Court, Hooghly for disposal.