JUDGMENT

Vimla Singh Kapoor, J. - Fir (Ex.P-1) lodged by Vijay Laxmi Tiwari (PW-4) alleges that on 13.06.2001 the accused/respondents entered her house and thereby committed house-trespass with an intention to use criminal force with intent to outrage her modesty, and also hurled filthy abuses at her. Based on this, offences under Sections 341, 294, 323, 506/34 IPC were registered against the accused/respondents. Since the complainant has alleged that the respondents/accused had also caused injuries to her with the help of club, she was sent for medical examination and after completion of investigation charge sheet was filed against the accused/respondents under Sections 294, 323, 506, 452, 354/34 IPC followed by framing of charge accordingly.

2. Learned Magistrate vide judgment dated 24.11.2004 passed in Criminal Case No.252/2004 convicted the accused/respondents under Sections 452, 354, 323 IPC and sentenced them to undergo RI for 3 years with fine of Rs.300 under Section 452, RI for one year under Section 354 and 323 IPC each. The view taken by learned Magistrate however has been dislodged by judgment impugned dated 07.12.2005 passed by Additional Sessions Judge, Dhamtari, Sessio