- (1.) Heard Mr. S. B. Gadodia, learned Sr. Counsel appearing for the petitioner and the learned counsel for the opposite parties.
(2.) The petitioner has challenged the order dated 18/07/2003, whereby the Chief Judicial Magistrate, Palamau at Daltonganj took cognizance of the offence under sections 323, 341, 504, 376 and 511 of the I.P.C. and under section 3 (X) (XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(3.) The First Information report being Sadar (Town) Daltonganj P. S. Case No. 260/2002 was registered against the petitioner, on the information lodged by O.P. No. 2 Smita Megumi Minz. It was alleged that O.P. No. 2/ informant was working as Principal of Rotary School (Anand Shankar) for the last one and half years. The school was being run by the Rotary Club. In July, 2002 the petitioner Deepak Kumar Lal was elected as a President of the Rotary Club and since, thereafter his attitude towards the informant was not good. On 05-09-2002 when the informant was alone in her office the petitioner caught hold her hand but she anyhow got herself free from him. It is further alleged that the accused used to threat and allure her for fulfilment of his lust. On 22-09-2002 at about 8.30 P.M. while the informant was returning from market with her mother, suddenly, one Blue coloured Maruti Car came and stopped there in which the petitioner and one other person were there. The petitioner thereafter, got down from the Car and told the informant "Adivasi hokar itna ghamand karti ho. Tumhare jaise Adivasi hamare ghar, mein naukrani ka kaam karti hain, or hum jaisa chahte hain vaisa karte hain." Thereafter she was forcibly taken in the car and then accused petitioner tried to commit rape. The other person was catching hold of her mother and was also assaulting her. The informant was trying to get herself freed and in that course she also received injury and her clothes were also torn. In the meantime on halla raised by the informant, two motorcyclists came there and then it is said that the accused persons fled away by giving threat to the informant that she would be abducted.;