Anil Kumar Choudhary, J. - (1.) Heard learned counsel for the appellants and learned Addl. P.P. for the State.
(2.) The appellants have preferred this appeal being aggrieved by the Judgment dated 23.01.2006, passed by the Ist Additional Sessions Judge-cum-Spl. Judge, SC & ST (Prevention of Atrocities) Act, Dhanbad in G.R. Case No. 3801 of 1993, whereby and where under, the learned court below has held the appellants guilty of the offence punishable under section 448 of the Indian Penal Code and sentenced them to undergo R.I. for one year. They have been also found guilty for the offence punishable under Sections 354 of the Indian Penal Code and sentenced to undergo R.I. for two years and further the three appellants have also been held guilty for the offence under Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and have been sentenced to R.I. for three years.
(3.) The case of the prosecution in brief as mentioned in the fardbeyan of the informant-Maheshwari Bhuini is that on 11.10.1993 at about 11:15 p.m., the appellants suddenly entered into the house of the informant and abused her with vulgar language and attempted to outrage the modesty of the informant and her daughter on which the informant raised alarm at which, the appellants-accused persons ran away from the house of the informant and entered into the house of Durgi Bhuini. They also attempted to outrage the modesty of Durgi Bhuini. Durgi Bhuini also raised alarm, on which, the residents of the locality caught hold of the two appellants-accused persons namely Manbodh Mahto and Rajesh Singh while the appellant-accused-Honda Mahto managed to flee away. On the basis of the First Information Report lodged by the informant, police registered Baghmara (Mahuda) P.S. Case No.274 of 1993 corresponding to G.R. No.3801 of 1993 and hence, took up investigation of the case. After completion of investigation, police submitted chargesheet and after cognizance, case was committed to the court of Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Charges for the offence under Sections 448/354 of the Indian Penal Code and 3 (xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was framed against the appellants and on their pleading not guilty, they were put to trial.;