NEPAL KUMBHAKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this revision application is to the order dated 03.04.2014 passed by learned Additional Sessions Judge-II, Bokaro in S.T. No.220 of 2013 arising out of Chas (Muffasil) P.S. Case No.149 of 2012 instituted under Sections 376/511 of the Indian Penal Code whereby and whereunder the petition filed by the petitioner for his discharge under Section 227 of the Code of Criminal Procedure (in short 'the Code'), has been rejected.

(2.) Bereft of unnecessary details, the facts which are necessary to be stated are that at the instance of the informant Kiran Devi, the aforesaid case was instituted with the allegation that on 16.12.2012 at about 7.00 p.m. while she was returning from her duty, the petitioner- Nepal Kumbhakar and one Bishwanath Kumbhakar, who were known to her from before the incidence, came on motorcycle and intercepted and caught hold the informant and came down from motorcycle. Both the above persons with an intention to commit rape thrashed her and torn her dress and threatened not to raise alarm. The accused persons also threatened of dire consequence if she raises alarm but ignoring their threatening she raised alarm whereafter several persons hearing her voice assembled near the place of occurrence. The accused persons thereafter fled away.

(3.) After completion of investigation, the police submitted the charge-sheet under the aforesaid Sections and accordingly cognizance was taken. Thereafter, the case was committed to the court of Sessions where a petition for discharge was filed by the present petitioner but the same was rejected by the court below by the order impugned holding that there is sufficient ground to frame charge against the accused persons.