JUDGMENT :

1. Heard Mr. N.Uddin, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, representing the State of Assam.

2. This criminal appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973 by the appellants, namely, 1. Md. Abdul Karim Bhuyan @ Abdul Kasim Bhuyan, 2. Md. Abdul Wahab & 3. Md. Osman Ali, impugning the Judgment and Order dated 05.01.2011, passed by the learned Additional Sessions Judge (F.T.C.), Lakhimpur, in Sessions Case No. 20(NL)/2010, arising out of Bihpuria P.S. Case No. 103/2008, whereby the present appellants were convicted under Section 457 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for6(six) months with a fine of Rs.2,000/- each and in default of payment of fine to undergo further rigorous imprisonment for 45 (forty five) days. They were also convicted under Sections 354/34 of the Indian Penal Code and were sentenced to undergo simple imprisonment for a period of 3(three) months and to pay a fine of Rs.1,000/- each and in default of payment of fine to undergo for simple imprisonment for 20(twenty) days. It was directed that both the sentences shall run concurrently.

3. The facts relevant for adjudication for this appeal, in brief, are as follows:-

i. That on 08.04.2008, the victim “X” (name of the victim not disclosed) had lodged an FIR before the In-Charge of Bangalmara Police Out Post, inter alia, alleging that on the night of 07.04.2008, at about 11.00 PM., when the husband of the first informant was not in the residence, the present appellants trespassed into her residence and by threatening her of her life tried to outrage her modesty. At this, the first informant made hue and cry, on which the neighbours gathered there and the appellants fled away there from stealing some materials from the residence of the first informant. On the basis of the said FIR, the Bihpuria P.S. Case No. 103/2008 under Sections 457/380/376/511/506/34 of the Indian Penal Code was registered and investigation was initiated. After completion of the investigation, the Investigating Officer laid the charge-sheet against the present appellants under Sections 457/354/506/34 of the Indian Penal Code. The appellants faced the trial remaining on bail.

ii. On 14.06.2010, the learned Additional Sessions Judge (F.T.C.), Lakhimpur, North Lakhimpur, after considering the materials on record and after hearing both the sides, framed charges against the present appellants under Sections 457/376/501 of the Indian Penal Code. When the said charges were read over and explained to the present appellants, they pleaded not guilty and claimed to be tried. In support of the case of the prosecution, total seven prosecution witnesses were examined by the prosecution side.

iii. The appellants were examined under Section 313 of the Code of Criminal Procedure, 1973 during which they pleaded their innocence and denied the incriminating evidence adduced against them by the prosecution witnesses. The appellants declined to adduce any evidence in their defence.

iv. Ultimately, by the judgment, which is impugned in this appeal, the present appellants were convicted and sentenced in the manner as described hereinabove in Paragraph No. 2.

4. Before considering the rival submissions of learned counsel for both sides, let me go through the evidence of the prosecution witnesses, which is available on record.

5. The victim, who has deposed as PW-1, has stated in her evidence that on the night of the alleged incident, at about, 11.00 p.m., when her husband was not in her house, all the appellants entered into her house by cutting the bamboo door of the room and Karim (appellant No. 1) gagged her mouth and Osman Ali (appellant No. 3)used force on her in order to perform bad act (Beya-kaam). PW-1 has stated that the appellants torn her saree and blouse and on her alarm, her children and one of her sister, namely, Rosana Begum woke up. At that time, the lamp which was bu