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(iii) The learned Sessions Judge after following the procedure framed necessary charges and they pleaded not guilty. To prove the charges levelled against accused 1 to 3, the prosecution examined the witnesses PWs 1 to 8 and marked Exs. P1 to P6 and MOs 1 to 4. After the completion of the evidence on the side of prosecution, the accused 1 to 3 were questioned under Section 313 Cr.P.C. as to the incriminatory circumstances found in the evidence of the prosecution witnesses and the accused 1 to 3 flatly denied them as false. The Sessions Judge after hearing the arguments advanced on both sides convicted the accused 1 to 3 under Section 341 IPC and first accused was convicted under Section 376 r/w. 511 IPC and accused 2 and 3 were convicted under Section 376 r/w. 511 r/w. 109 IPC and sentenced them to undergo imprisonment as indicated above.

The learned Government Advocate (Criminal Side) further stated that the complaint is not an encyclopedia and PW1 has given all the particulars which is sufficient to set the law in motion. So, there is no improvisation or development after giving 161 statement. So the Sessions Court has considered all the aspects in a proper perspective and came to the correct conclusion that the accused 1 to 3 are guilty under Section 341 IPC and first accused is guilty under Section 376 r/w. 511 IPC and accused 2 and 3 are guilty under Section 376 r/w. 511 r/w. 109 IPC and sentenced them to undergo imprisonment as indicated in paragraph 1 of this judgment and therefore, it does not warrant any interference and hence, he prayed for the dismissal of the appeal.

16. As already discussed, the appellants/accused 1 to 3 were found guilty under Section 341 IPC by the Sessions Court and they were imposed with a fine of Rs.500/- each. The evidence of PW1 has clearly proved that she was wrongfully restrained by accused 1 to 3 and taken to a field and they attempted to rape her. In such circumstances, the offence under Section 341 IPC has been proved by the prosecution beyond reasonable doubt, which was accepted by the Sessions Court is fair and proper and it does not warrant any interference.

17. Considering the over all facts and circumstances of the case, I am of the view that accused 1 to 3 are guilty under Sections 341 and 354 IPC. In respect of Section 341 IPC, accused 1 to 3 were convicted and imposed with a fine of Rs.500/- each and that amount has been paid by accused 1 to 3 and therefore, the conviction and sentence passed under Section 341 IPC, is hereby confirmed. Since, this Court has decided that the offence under Section 376 r/w. 511 IPC or Section 376 r/w. 511 r/w. 109 IPC, is not made out against accused 1 to 3 and therefore, they are acquitted of the said charge, but, they are convicted for the offence under Section 354 IPC. Considering the facts and circumstances of the case, I am of the view that the fine amount of Rs.10,000/- each, imposed on each of the appellants for the offence under Section 376 r/w. 511 IPC (against A1) and under Section 376 r/w. 511 IPC r/w. 109 IPC (against A2 and A3) shall be treated as fine amount for the offence under Section 354 IPC and the same is liable to be confirmed. The period of sentence already undergone by the first appellant/first accused for the offence under Section 376 r/w. 511 IPC and appellants 2 and 3/accused 2 and 3 under Section 376 r/w. 511 r/w. 109 IPC, would be suffice for the offence under Section 354 IPC.