KAMLESH CHAUDHARY Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) (Oral) - The present application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the order dated 13.09.2005 passed by the learned Additional Sessions Judge, Benipur in Sessions Trial No. 265 of 2011 arising out of K. Sthan P.S. Case No. 219 of 2010 whereby the learned Additional Sessions Judge, Benipur has dismissed the application of the petitioner filed under Sec. 227 and 228(1)(a) of the Code of Criminal Procedure (hereinafter referred to as "the Code") for discharging him from the offence punishable under Sec. 376/511 of the Indian Penal Code in view of the allegations made in the first information report and the evidence collected in course of investigation.

(2.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

(3.) The prosecution case in brief is that the informant, who was engaged in pulse polio programme came to Primary Health Centre Kusheshwar Sthan on 11.09.2010 for receiving her remuneration for work already done. She was asked to take the same from one Kamlesh Chaudhary, the data operator (petitioner). After some time, Kamlesh Chaudhary started talking about her family and, thereafter, caught hold of her and tried to take her towards bathroom. The informant sensing ill-intention of Kamlesh Chaudhary slapped him, whereupon he apologized and fled away.