JUDGMENT

Dated this the 03rd day of July, 2023 The appellants are accused Nos. 1 to 3 in Crime No.314 of 2023 registered at the Kakkur Police Station for the offences punishable under Sections 452 , 323, 324, 354, 294(b) and 506 read with Section 34 of the I.P.C. and Sections 3(1)(s) and (3)(2)(va) of the SC/ST (POA) Act. The crime is registered on the allegation that, on 29.05.2022, at about 9.pm the appellants along with the 4th accused trespassed into the residence of the defacto complainant, armed with deadly weapons like iron rod, idikkatta and assaulted the defacto complainant and her husband and abused them by caste. There is a further allegation that an attempt was made to disrobe the defacto complainant.

2. Learned Counsel for the appellants contended that, even if the prosecution allegations are accepted in their entirety, the alleged offences are not made out, since the incident was not occur within public view and the attempt to disrobe was not with intention to outrage the defacto complainant’s modesty.

3. Learned Public Prosecutor submitted that the question whether the defacto complainant was attempted to be disrobed, with the intention of outraging her modesty, canno