RAM LAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsels for the parties. The petitioner has challenged the order dated 18.7.2011/19.7.2011, passed by the learned Chief Judicial Magistrate, Samastipur in Complaint Case No. 384 of 2008, whereby cognizance has been taken under Section 376 of the Indian Penal Code.

(2.) The complainant-opposite party No. 2 has alleged in her complaint that on 28.3.2008, while she was coming back to her home on foot, her villager Punit Paswan came on a rickshaw and asked her to sit on the rickshaw. The complainant sat on the rickshaw, but to her dismay, she found the petitioner also boarding the rickshaw immediately. The complainant is then said to have been taken to a desolate place on the rickshaw where she was ravaged by the accused persons. The aforesaid complaint lodged by the opposite party No. 2 led to the institution of Complaint Case No. 384 of 2008 for the offence under Section 376 of the Indian Penal Code.

(3.) Before commencing with an enquiry under Section 202 of the Code of Criminal Procedure, the learned Chief Judicial Magistrate got the allegations enquired into through the agency of the police. Annexure-3 is the report of the police regarding the occurrence. The police reported that an absolutely false and concocted case has been lodged by the complainant. Punit Paswan and the petitioner are related to each other and both the accused persons are in turn related to the complainant. Co-accused Punit Paswan is said to be the younger brother-in-law (Devar) of the complainant; whereas the petitioner has been reported to be the elder brother of the husband of the complainant-opposite party No. 2. The police further reported that the accused persons and the complainant both hail from a remote village and they have private dispute amongst themselves with respect to possession of land.