PATNA, India, Sept. 1 -- Patna High Court issued the following judgment on Aug. 1:
The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure (hereinafter referred as 'Cr.P.C') against the judgment of acquittal dated 26.07.2023 passed by the learned Additional Sessions Judge-1st-cum-Special Judge SC/ST Act, Madhubani in Sessions Trial No. 322 of 2017, CIS No. 322 of 2017, arising out of Sakari P.S. Case No. 23 of 2015, whereby the concerned trial Court has acquitted the respondent nos. 2 and 3 from the charges leveled against them for the offence punishable under Sections 323, 504 and 376 of the Indian Penal Code (hereinafter referred as 'IPC').
2. Notices were issued to the Respondent Nos. 2 and 3 vide order dated 09.12.2024, upon which he appeared by filing Vakalatnama through learned Advocate, Mr Bimal Kumar Jha.
3. The prosecution case in brief is that the appellant filed a complaint case in the Court of the learned Chief Judicial Magistrate, Madhubani being Cr. Case No. 135 of 2015 stating therein that on 24.09.2014, she performed her marriage with accused, namely, Vivek Jha @ Vivek Kumar Jha in presence of her parents and other persons by Hindu Rites and Rituals and Vivek Jha brought her in his house where he kept her for 4-5 days in good manner and established physical relation with her. Thereafter, accused, namely, Bhawan jee Jha started abusing and assaulting her and asked her to be ousted from his house and accused Vivek Jha brought her to her Maika but they use to meet together and establish physical relation but accused, namely, Bhawan Ji Jha use to torture her and due to which, accused, namely, Vivek Jha forcibly on 30.09.2014 took her to the house of his Bahnoi, namely, Raman Kumar Mishra, which is situated in village Andhra Tadi where he kept her for 15 days and used to establish physical relation with her and on 16.10.2014, he sent her to Maika where she lived about one and half months. She further alleged that on 02.12.2014 at about 8:00 AM, he took her to Delhi from Sakari by Train where he kept her in a rented house and continuously committed rape on her and accused, namely, Vivek Jha was working in a private Job at Delhi. She further alleged that on 14.01.2015, he again brought her from Delhi to Darbhanga by Sampark Kranti Train. Raman Kumar Mishra, Vikash Jha and Bhawan Ji Jha were with her husband Vivek Jha and brought her to the house but left her at Sakari Station with two unknown persons from where she herself came to her Maike. She further alleged that she got knowledge that Vivek Jha is in Madhubani Court then she along with her parents on 29.01.2015 went to Madhubani Court and from there she wants to go with her husband but Vivek Jha assaulted her and refuse to accept her as his wife and Bhawan Ji Jha and his wife caught her hair and threw her on ground and told her that they will earn money after selling her and thereafter her parents with the help of other persons brought her, as such, all the accused persons abducted her and raped her.
4. On the basis of written complaint of the informant Sakari P.S. Case No. 23 of 2015 dated 02.03.2015, under Sections 323, 363, 366, 376, 504 of the IPC has been instituted. The police after investigation submitted chargesheet under Sections 323, 363, 366, 376, 504 and 498 (A)/34 of the IPC and thereafter cognizance has been taken in the aforesaid sections and after commitment the respondents have been charged for the offence punishable under Sections 323, 504 and 376 of the Indian Penal Code.
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Disclaimer: Curated by HT Syndication.
