GAZI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application u/s. 432 of the Code of Criminal procedure (hereinafter to be referred to as "Cr.P.C. ") for quashing the order dated 22.03.2004 passed by the learned Judicial Magistrate, Bettiah in Complaint Case No. 1439C of 2003 whereby and whereunder the learned Magistrate took cognizance of offence against the petitioners under Secs. 376, 120(B) of the Indian Penal Code as also for quashing the entire criminal prosecution.

(2.) A complaint case was lodged by one Aalo Devi against the petitioners in which it has been alleged that when she went for natural call in the field with her mother -in -law, the accused persons accosted her, one Raju Das (petitioner No. 4) pushed her, as a result of which she fell down and thereafter accused Ahmad Ali (Petitioner No. 2) and Dashrath Das (petitioner No. 3) caught hold of the hands and legs of the complainant. Md. Ahmad Ali also slapped the complainant and Md. Gazi (petitioner No. 1) committed rape upon the complainant. The mother -in -law tried to raise alarm but she was prevented by Raju Das. Further allegation is that while Ahmad Ali was attempting to commit rape on the complainant, the husband of the complainant came and seeing him the accused persons fled away.

(3.) IT has been submitted that the allegation levelled against the petitioners is wrong, false and concocted. The entire allegations were found to be concocted for some ulterior motive and there was no medical examination of the complainant which belies the prosecution case, it has also been contended on behalf of the petitioner that petitioner No. 1 is a Prakhand pramukh of Jogapatti Panchayat and petitioner No. 2, Ahmad Ali, is the Mukhia of the said Panchayat. It has also been submitted that other petitioners are agnates of the complainant having relationship as own son of "Bhaisur" and cousin of the complainant, respectively. Petitioners were the mediators of the Panchayat held on 19.4.2002 to resolve the land dispute between the husband of complainant and family of petitioners No. 3 and 4, namely, Dasarath Das and Raju Das @ Raj Kumar Das, and the present case has been lodged as petitioners No. 1 and 2, namely, Md. Gazi and Md. Ahmad, had given their decision in favour of the family of the petitioners No. 3 and aforesaid.