Ishan Chandra Das, J. - (1.) This criminal appeal has been directed against the judgment and order of conviction dated 11.06.2014 passed by learned Additional Sessions Judge, Fast Track, 8th Court, Alipore, South 24 Parganas in Sessions Case No. 19(5)/2012 (Sessions Trial No. 1(5)/2011), arose out of Canning P.S. Case No. 293/2011 dated 21.09.2011 wherein learned Trial Court found the appellants Raju Adhikari and Hazra Adhikari guilty of the offence punishable under Ss. 323/34 and 354/34 of the Indian Penal Code and sentenced them to suffer Simple Imprisonment for 6 months and to pay a fine of Rs. 1000/ - in default to suffer Simple Imprisonment for one month and further to suffer Simple Imprisonment for 2 years for the offence punishable under Sec. 354/34 of the Indian Penal Code with further direction that both the sentences to run concurrently, subject to set off.
(2.) Briefly stated, the case of prosecution as it is reflected from the petition filed by one Madhab Halder before learned Chief Judicial Magistrate, Alipore in terms of Sec. 156 (3) of the Cr. P.C. wherein it appears that on 17.07.2011 at about 3 p.m. while Sm. Rina Halder, the wife of his younger brother went to bring her calf from the garden of the accused persons, she was abused by them in filthy languages and while said Rina protested, the accused persons assaulted her and brought her in a bush of the garden, torn her wearing apparels like saree, saya etc. and in course of such misdeed Rina Halder fell down on the ground and the appellants No. 1 and 2 outraged her modesty and tried to commit rape on her but she somehow managed to escape herself from the clutches of the miscreants and raised alarm and being attracted by such hue and cry, the de facto complainant Madhab Halder rushed to the place of occurrence and asked the accused persons the reason for such incident of assault upon Rina Halder to which he was also abused in filthy languages and was assaulted with fists, blows and kicks. He was also assaulted with lathi on his forehead and other parts of his body. The appellants also snatched a gold ornament from Rina Halder and sum of Rs. 10,000/ - from the petitioner as well. Sustaining serious injury on his forehead, the de facto complainant Madhab Halder went to Canning P.S. and lodged the G.D. Entry No. 1085 dated 17.07.2011 and therefrom they were referred to Canning S.D. Hospital where he had to undergo treatment for about 7 days till 23.07.2011. Being informed about the said G.D. Entry, the appellants and other accused persons went to the house of said Rina Halder and threatened her with dire consequences for which said Rina Halder lodged another diary at Canning P.S. being G.D. Entry No. 1166 dated 18.07.2011 but no action was taken. The petitioner also informed the matter to the local panchayat, the respectable persons of the locality tried to settle the dispute through compromise but no result yielded due to non -cooperation and adamant attitude of the accused persons, resulting filing of this application under 156 (3) of the Cr. P.C. at a belated stage for sending it to the Officer -in -Charge of the P.S. concerned for treating the same as F.I.R. Accordingly, on receipt of the said application, the Officer -in -Charge of Canning Police Station started Canning P.S. Case No. 293/2011 dated 21.09.2011 under Ss. 341/376/324/511/325/379/427/506/120B and 34 of the Indian Penal Code and consequently the charge -sheet was submitted and the case was committed to the Court of Sessions for trial.
(3.) Learned Sessions Court in course of trial examined 9 witnesses altogether including the de facto complainant, the victim lady and other witnesses and on conclusion of trial found these appellants Raju Adhikari and Hazra Adhikari guilty of the offence punishable under Ss. 323/34 and 354/34 of the Indian Penal Code, convicted them and sentenced them to suffer imprisonment & to pay a fine, as noted above.;