RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Prabir Chatterjee, learned counsel for the petitioners and Md. Asif Khan, learned A.P.P. for the State.
(2.) These revision applications are directed against the judgement dated 22.06.2002 passed by the learned 12th Additional Sessions Judge, Dhanbad in Cr. Appeal No. 114 of 2000 whereby and whereunder the judgment and order of conviction passed by the learned Judicial Magistrate 1st class, Dhanbad dated 08.08.2000 in C.P. Case No. 753 of 1996 by which the petitioners in Cr. Revision No. 384 of 2002 were convicted for the offences under Sections 323/452 of the I.P.C. and petitioner in Cr. Revision 416 of 2002 was convicted under Sections 354/452 of I.P.C. and were sentenced to undergo R.I. for various terms was modified as conviction was made under Section 448 of I.P.C. instead of 452 of I.P.C. has been affirmed.
(3.) The prosecution story in brief is that on 23.10.1996 when the informant had gone to fetch water from the tube well along with his youngest daughter, petitioner Bablu Sharma had entered into her house where her elder daughter Lakhi Kumari was alone and tried to outrage her modesty. It is also alleged that Bablu Sharma started pulling her dress at which she raised an alarm and the complainant and her youngest daughter reached the place of occurrence on hearing the cry of alarm. On the basis of the aforesaid allegation, Complaint Case No. 753 of 1996 was instituted in which after conducting an inquiry under section 202 of Cr.P.C., 1973 cognizance was taken under Section 323/354/452 of I.P.C. After charge was framed and the prosecution having been able to prove its case beyond all reasonable doubt, the petitioner was convicted for the offences punishable under Sections 452, 323 and 354 of I.P.C. by the learned Judicial Magistrate 1st class, Dhanbad on 08.08.2000 and sentenced to imprisonment for various terms. The petitioner preferred an appeal being Criminal Appeal No. 114 of 2000 in which the conviction of Bablu Sharma was sustained under Section 354 of I.P.C., although all the accused persons including Bablu Sharma were convicted further for the offence under Section 448 of I.P.C. and a fine of Rs. 500/- was imposed upon the accused persons. So far as Bablu Sharma is concerned, he was sentenced to undergo 6 months S.I. for the offence under Section 354 of I.P.C.;