JUDGMENT :

Shampa Dutt (Paul), J.

The Appeal :-

1. The present appeal has been preferred against a Judgment and Order dated 02.12.2015 passed by the Learned Additional Sessions Judge Fast Truck Court 1st Court, Tamluk in Sessions Case No. 492 (September) 2008 (Sessions Trial No. 28(4)2013 arising out of Tamluk Police Station Case No. 24 of 2008 dated 14.02.2008 thereby convicting the appellants for the commission of offence punishable under Section 354 of the Indian Penal Code and sentencing them to suffer simple imprisonment for 4 months and to pay a fine of Rs. 1000/- in default to suffer simple imprisonment for 1 month.

Prosecution Case:-

2. The allegations in the written complaint against the Appellants are as follows:-

“that on 10.02.2008 at about 6:30-7.00p.m. the victim girl namely Ratna Maity daughter of P.W.1, a deaf and dumb girl of 17 years, went to house of the P.W.14 at Village Biswas and was enjoying T.V. Programme. That at the time while P.W.14 was in kitchen the appellants and another person took her away forcibly against her will and ravished her. That on search, P.W.14 found her returning from the side of the river Rupnarayan and she was weeping at that time. That the v