ASHOK MAHTO @ ASHOK KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nilesh Kumar, learned counsel for the petitioner and Mr. M.B. Lal, learned counsel appearing for the opposite party no. 2.

(2.) This application is directed against the order dated 09.06.2016 passed by the learned Additional Judicial Commissioner-III cum F.T.C. CAW Ranchi in connection with Sadar P.S. Case No. 128 of 2015, corresponding to G.R. Case No. 1779 of 2015 (S.T. Case No. 90 of 2016) whereby and whereunder the discharge application preferred by the petitioner has been rejected so far as Section 376(2)(n of the Indian Penal Code is concerned.

(3.) The First Information Report was instituted by the opposite party no. 2 wherein it was alleged that her marriage was solemnized with one Kulesh Mahto in the year 2000. It is alleged that the petitioner being her brother-in-law had an evil eye over her and finding the opposite party no. 2 alone she was raped by the petitioner which was brought to the knowledge of her in-laws but no case was instituted. It is alleged that a panchayati was held wherein the petitioner had decided to marry the opposite party no. 2 and she continued to stay with the petitioner like her wife and physical relationship was also established as a result of which she became pregnant in the year 2004 but an abortion took place in the year 2005. It is also alleged that the petitioner had demanded some amount for the construction of the house for which the opposite party no. 2 had given Rs. 40,000/- to him. The opposite party no. 2 has also alleged that since 2008 her relationship with the petitioner was normal but sometimes later the petitioner had started assaulting her and the parents of the petitioner had expressed their desire to get the petitioner married to another girl and when it had came to the knowledge of the opposite party no. 2 that the petitioner is indeed solemnizing marriage with another lady a First Information Report was instituted.