We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
The Janakpur High Court acquitted Ram Bahadur Bamjan, who was found guilty by the district court of child sexual abuse, saying that he could not proceed with the case due to the statute of limitations.
The district court Sarlahi decided on June 17 last year that Bamjan will be sentenced to 10 years in prison and a fine of 500,000 for sexually abusing 10 children. In the appeal, the bench of Judges Khemraj Bhatt and Narishwar Bhandari ruled that the sentence of the district court cannot be enforced as it seems that the case against Bamjan will not be prosecuted due to the limitation period.
The full text of the case, which was decided on the 6th of Chait, came on Thursday (today). In full, it has been claimed that the charge sheet was not filed within the time limit as per the prevailing law. The incident took place on 20 July 2073. According to the prevailing law at that time, there was a 6-month time limit for the crime of coercion.
According to the deadline, the plaintiff should have filed the indictment within 19th of January 2073. However, the victim filed a complaint at the District Police Office only on 23rd January 2073. It is mentioned in the full text that by that time the limit has been exceeded and the victim has reached the age of 16 according to the then Children Act, 2048. It is said in the verdict that the victim has turned 16 on June 19.
"Since the decision of the Sarlahi court was not agreed, it is considered that the indictment itself is null and void," it is mentioned in the full text, "The appellant defendant Ram Bahadur Bamjan, also known as Ramlal Bamjan, who was found guilty, is also considered to be acquitted of the alleged crime." Plaintiff Nepal Government cannot reach the appellant.'
According to Section 74 of the Children Act, 2075, even if the subject matter of the prosecution has been entered into and justice has been done, it has been mentioned in the judgment that all the actions tried to be done because the starting point (limit) is wrong and not in accordance with the law are flawed.
Earlier, District Court Sarlahi had found Bamjan guilty with a partial decision. At that time, the bench of Judge Jeevan Kumar Bhandari sentenced him to 10 years in prison and 5 lakh compensation. However, his disciple Jit Bahadur Tamang called Guru and Gyan Kumar Bamjan called Tapcheng Mahatma Guru were acquitted in this case. It is written in the judgment that they were not present at the time of the incident.
The case registered in Sarlahi District Court on June 18, 2077 was decided on June 17, 2081 as a partial claim. Then Bamjan appealed to the High Court on October 4, 2081 expressing dissatisfaction with the decision.
