AMIT KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who is the sole accused in Kotwali (Ishakchak) P.S. Case No. 428 of 2006, has prayed for the quashing of the order dated 14.11.2006 passed therein by the learned Chief Judicial Magistrate, Bhagalpur, whereby he has taken cognizance against the petitioner under Sections 376/511, 448, 504 and other allied sections of the Penal Code as also Sections 3(i)(x) and (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as "the SC/ST Act").

(2.) THE prosecution story is based on the written report submitted under his thumb impression at about 11.45 P.M. on 9.7.2006 by one Buddhu Dom, impleaded herein as O.P. No. 2, alleging inter alia that earlier that night at about 10.30 P.M. the petitioner entered into his house and started teasing his wife, Tetri Devi, with ill -motive and also made attempts to rape her and when he remonstrated the accused assaulted him and threw away the household utensils. It is also alleged that the petitioner had committed the same nature of overt acts in the houses of Chulhai Dom, Arjun Dom, Karu Dom and Dhanik Dom, all of whom had accompanied the informant to the police station for lodging the written report and when protest was raised he had abused them by saying "Sala Dom Turn Logon Ka Hamare Samney Kya Avakat Hai, Turn Logon Ki Bahu Beti Hum Logon Ki Rakhail Hai." It is said that on nulla being raised nobody came to his rescue as all the inmates of the mohalla were afraid as similar attempts and overt acts had been committed earlier by the petitioner. It has been submitted by the learned counsel for the petitioner that he is a practicing lawyer of the Civil Court at Bhagalpur for the last 20 years and his father was also a prominent advocate of the said court and they belong to a respectable family. It was also submitted that he has been implicated in this case falsely at the instance of the police personnel since the petitioner had filed criminal case, being Complaint Case No. 1103 of 1997, in the Court of the learned Chief Judicial Magistrate, Bhagalpur, against some police personnel of Bhagalpur who on 18.11.1997 had taken active part in ransacking the courtroom of Sri D.N. Barai, the then 1st Additional Sessions Judge, Bhagalpur, had assaulted and humiliated him and they had also resorted to vandalism whereby several advocates had also sustained injuries. In support of his submission, the learned counsel for the petitioner has annexed a copy of the complaint petition as Annexure -2 and has also brought on record the judgment passed therein by the learned Chief Judicial Magistrate, Bhagalpur on 11.12.2007 (Annexure -3), whereby two police officers were convicted. Copy of an affidavit purported to have been jointly sworn by the informant and his wife, Tetri Devi, has also been brought on record as Annexure -4.

(3.) ON going through the materials available on the record and hearing the submissions of the counsel for the parties, I am of the confirmed view that a prima facie case cannot be said to have been made out for the allegations made out against the petitioner in the F.I.R. is highly improbable and no common man in his ordinary senses would accept the allegations as gospel truth. It is difficult to forsee how a single man would enter into the house of a person with the intention to outrage the modesty of his wife and none in the village or the community or even the husband would come to her rescue.