D.N.PRASAD,J. - (1.) THIS is an application under Sections 397 and 401 of the Code of Criminal Procedure against the order dated 21 -12 -2001 passed by the Sessions Judge, Hazaribagh, in Sessions Trial No. 116 of 2001 by which the learned Sessions Judge rejected the prayer for discharge of the petitioner.
(2.) THE facts giving rise to this revision application is that Opposite Party No. 2 (Amna Khatoon) filed a complaint case bearing Complaint Case No. 406 of 2000 before the Chief Judicial Magistrate, Hazaribagh forthe offence under Sections 376/420 of Indian Penal Code which was sent to the Officer -in -Charge of the concerned police station for registration of the First Information Report and investigation under Section 156(3) of the Code of Criminal Procedure. It has been alleged that in the month of July 1992, when the victim Amna Khatoon was present in her house alone, the petitioner entered into her house and committed rape forcibly. It is further alleged that when the victim started weeping she was assured by the petitioner that he would marry her and he also asked her not to disclose the matter to any body. It was further alleged that on the false promise of marriage, the petitioner used to commit rape on the victim but later on, the petitioner refused to marry her and, thereafter, the complaint was filed, on the basis of which, the First Information Report was registered and after investigation of the case, charge -sheet was submitted by the police for the offence under Sections 376/497 of the Indian Penal Code against the petitioner.
(3.) THE case was committed to the Court of Sessions and the petitioner thereafter filed a petitioner in the Court of the learned Sessions Judge for discharge which was rejected by the impugned order, hence this revision application.;