PURNIMA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application is directed against the order dated 27.3.2009 passed by the then 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 303 of 2008 whereby and whereunder learned Additional Sessions Judge after hearing on an application filed under Section 227 of the Code of Criminal Procedure on behalf of the opposite party no. 2 did hold that no case is made out under Section 376 of the Indian Penal Code, rather prima facie case is made out under Section 417 of the Indian Penal Code. It is the case of the petitioner that opposite party no. 2 residing in the neighbourhood used to visit her house frequently, as a result of which, she developed friendship with him. During that course, opposite party no. 2 started writing love letters to her. In the year 2003, when she took admission in B.A. at Hazaribagh, she started living with her brother in the house of one Naresh Prajapati on rent. There also opposite party no. 2 started visiting her. Some times he used to take her to Jamshedpur. During these periods, he always used to say her that he will marry her after getting job. In the month of November -December, 2004, opposite party no. 2 on making promise that he will marry her had had sex with her. In the year 2005, he was employed as Assistant Station Master and was posted at Dhanbad and Mahrail. At Dhanbad, he used to take her to Hotel where he used to have sex with her. In Mahrail they used to have have sexual intercourse at his house.

(2.) IT is also the case of the petitioner that when opposite party no. 2 got employed, petitioner asked him to marry her, upon which opposite party no. 2 asked her to wait as he is undergoing training. After undergoing training, when he joined, she asked him to marry her but he refused to marry her, though sister and brother -in -law of opposite party no. 2 used to say her that they will get her married to the opposite party no. 2. When opposite party no. 2 refused to marry, the petitioner informed all about it to her parents, upon which when the parents of the petitioner went to talk to the parents of the opposite party no. 2 in this regard, they were scolded and were driven out from there.

(3.) THE police after investigating the case did not find allegation of rape being true and hence, submitted final form. Thereupon, a protest petition was filed which was treated to be a complaint which was registered as Complaint Case no. 478 of 2007. After holding enquiry, the court took cognizance of the offences under Section 376 of the Indian Penal Code and the case was committed to the court of sessions.