SALEHA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure is directed against the order dated 18-12-87 passed by Sri B.B. Verma, Sub-divisional Judicial Magistrate, Sitamarhi (West) in G.R. case No. 11/86 (T.R. No. 994/87). It appears that a complaint case was filed before the Sub-divisional Judicial Magistrate on 5-12-87 stating therein that the complainant was alone in her house. The opposite party No. 2 came to her house and induced her to work as maid servant. The petitioner worked as maidservant and, thereafter, on the pretext of marriage, the opposite party No. 2 committed rape on her and, thereafter, he refused to marry. Ultimately it was detected that the accused opposite party No. 2 was a married person having children. It was also detected that the complainant-lady was also a married lady. The petition of complaint was referred to the police for investigation. The police registered a case under Sections 376 and 498 of the Indian Penal Code and ultimately submitted charge sheet against opposite party No. 2 i.e. the accused at the close of the investigation.

(2.) It appears that the learned Magistrate had taken cognizance of the offence under Sections 376 and 498 of the Indian Penal Code and, thereafter, it appears, the learned Magistrate, by the impugned order, decided to proceed for trial of the case against the opposite party No. 2 under Section 498 of the Penal Code and declined to commit him u/s 376 IPC. to the Court of Session under Section 209 of the Cr. PC. This order refusing to commit the opposite party No. 2, Jafar Alam, to the court of Session to face charge under Section 376 of the Penal Code is the subject of quashing in this case.

(3.) It was contended on behalf of the petitioner-lady, Saleha Khatoon that opposite party No. 2, under false pretext and allurement that he would marry her, committed perpetual rape on her in between 20-4-85 to 28-11-85 though he was a married person having family life and children.