BIRENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present petition has been filed for quashing the order dated 1.12.2009 passed by Judicial Magistrate, 1st Class, Biharsharif, Nalanda in Complaint Case No. 1060(C) of 2009 by which cognizance has been taken under Section 376/34 I.P.C.

(2.) ACCORDING to the complainant Munni Devi, the three accused persons Mithlesh Kumar, Birendra Kumar i.e. the present petitioner and Tinku Kumar entered the house of the complainant on 21.8.2009, and thereafter each of the three accused persons including the petitioner committed rape upon the complainant under threat of shooting her if she resisted.

(3.) LEARNED counsel for the opposite party, on the other hand has submitted that this is the stage when cognizance has been taken on a prima facie case being found against the petitioner and the petitioner's guilt or innocence is a matter to be proved in the course of trial on the basis of evidence to be led.