Ramendra Nath Dutt, J. - (1.) This appeal is against an order of conviction and sentence under Ss. 355/34 and 323/34 of the Indian Penal Code.
(2.) The prosecution case is in short as follows: One Subrata Bose was admitted in the Marine Engineering Training Course in August 1967. On August 9, 1967, at about 8 -30 a.m. he reported himself at the College. Some others candidates admitted to. the training course also reported themselves at that time. Subrata was allotted to the Calcutta Port Commissioners' workshop impractical training along with several other such fresh cadets. Subrata and some twenty others went to the Port Commissioners' workshop gate at about 9 a.m. where they were received by one senior cadet Pradip Knmar Biswas, Appellant No. 4, who took them inside the workshop and then inside a room marked 'D.M.E.T.' where he found some 12 senior cadets. The other Appellants and Sujit Bagchi, Sanjoy Chatterjee and Anil Vohra were amongst them. The senior cadets greeted the fresher saying that they were welcome, but this welcome would not make them laugh ; this welcome would make them cry. Thereafter, the senior cadets divided the fresher into several groups and. the Appellant Ashoke Sharma took Subrata and some other fresher to a corner of the room and ordered them to make fifty sit ups, that is, sitting on the toes and standing up. This done, they were asked to box each other's ears and to move like a piston engine. Then Sanjoy Chatterjee caught hold of Subrata, made him sit on his toes with arms stretched holding a brick on both hands. Sanjoy then put his legs on the brickbat and asked Subrata to sing a song. Sujit Bagchi slapped him and directed him to make vulgar gesture and recite obscene songs. Anil Vohra too asked Subrata vulgar questions and directed him to recite obscene songs. Subrata protested when Anil Vohra, Sujit Bagchi and Sanjoy Chatterjee and the Appellant No. 2 Ranganathan assaulted him with fists and blows. Ranganathan made him lie on a table in a bow -like fashion and put the burning side of a lighted cigarette into his mouth. Subrata was then taken to an adjacent room and Sujit Bagchi and Sanjoy Chatterjee asked him to put off his trousers, but on his refusal he was kicked and slapped by the Appellants Ahsoke Sharma, Ranganathan and Nayer and Anil Vohra. Thereafter, they laid him flat on the floor when Sanjoy poured inside his mouth some white sticky liquid. Sujit Bagchi pressed his mouth and the Appellant Pradip Biswas squeezed a few drops of liquid into his mouth which smelt like urine from a soaked handkerchief. This continued till about 12 noon and, thereafter, the fresher were directed to respect the seniors and not to disobey them. Subsequently, they were taken around the workshop and that was followed by lunch -break at 1 p.m. when the fresher returned to the hostel, Subrata felt very bad and on some pretext he took leave and returned to his house and went straight to his room and vomited lying on the carpet in the floor. The parents came there, a doctor was called ; some friends and relations also came. Subrata related to them what had happened in the workshop.
(3.) Subrata's father Jyotish Bose made a complaint before the Police on August 23, 1967. The Police made an investigation and submitted challan against the Appellants and Sujit Bagchi, Sanjoy Chatterjee and Anil Vohra. The Appellants and Sujit Bagchi, Sanjoy Chatterjee and Anil Vohra were at their trial charged under Ss. 328/34, 355/34 and 323/34 of the Indian Penal Code.;