RAJESH KUMAR @ MANTU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Rajesh Kumar @ Mantu has been found guilty for an offence punishable under Section 417 of the I.P.C. and sentenced to undergo S.I. for one year as well as slapped with fine appertaining to Rs.20,000/-, in default thereof, to undergo S.I. for two months, additionally vide judgment of conviction and sentence dated 29.04.2015 passed by the 5th Additional Sessions Judge, Samastipur in Sessions Trial No.65 of 2009.

(2.) Bharti Kumari @ Munni filed Complaint Petition No.412 of 2008 disclosing the date of occurrence dated 25.02.2008 at about 2.00-3.00 p.m., P.O. village-Kushiari, P.S.-Chakmehsi, District- Samastipur against Rajesh Kumar @ Mantun and his father Ram Lalit Mahto with an allegation that she happens to be seven sisters. One of her sisters (5th) in number has been married with Anil Singh of village-Gorai, P.S. Chakmehsi, Samastipur about five years ago. After marriage, cousin of her brother in-law namely Rajesh Kumar @ Mantu began to visit her place and gradually, he trapped her on the promise of marriage and then, under the guise of aforesaid promise, he succeeded in establishing physical relationship which he continued. On the other hand, whenever complainant reminded him of his promise, he used to instruct to send her father for finalization of negotiation. Accordingly, she disclosed the event to her father, whereupon, on 25.02.2008, her father had gone to the place of Rajesh Kumar and talked with his father Ram Lalit Mahto for settlement of marriage and during course thereof, he also apprized the continuing intimate relationship in between Rajesh and his daughter. They have completely ignored the same and said that marriage will be finalized only after payment of Rs.1,50,000/-, one colour television, one Hero Honda Motorcycle in lieu of dowry. Because of the fact that her father happens to be under financial constrain whereupon, accused persons refused. Thereafter, her father had rushed to local Mukhiya, Sarpanch as well as respectable persons of the locality, but shown fruitless effort. From reliable sources, she has come to know that accused Rajesh Kumar @ Mantun's marriage has been fixed at different place, whereupon instant complaint petition has been filed. So, it has been alleged that she has been subjected to continuous sexual exploitation by Rajesh Kumar on the false pretext of marriage and further, they have declined to marry unless there happens to be fulfillment of demand of dowry.

(3.) After having the aforesaid complaint petition, the learned Court below directed the same to be sent to the local police station for registration and investigation of the case in accordance with Section 156(3) of the Cr.P.C., whereupon Chakmehsi P. S. Case No.25 of 2008 was registered and after concluding investigation, chargesheet was submitted, whereupon the trial commenced and concluded in a manner, the subject matter of instant appeal.