Limits set to clean up Bomjon, a landmark decision made.

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In a recent development in Nepal, Rambahadur Bamjan, a partially guilty party in a sexual abuse case, was acquitted by the Janakpur High Court on 6th Chaitra. This decision was made after the lower district court ruling had come under scrutiny for overlooking the severity of the allegations. Justices Khemraj Bhatt and Narishwar Bhandari of the High Court issued the verdict, granting Bamjan freedom based on significant discrepancies in the prosecution’s case.

The High Court’s decision, which was made public on a Wednesday, overturned the earlier sentence passed by the Sarlahi District Court in 2081 Ashad. Despite being initially found guilty of sexual misconduct with minors, Bamjan was sentenced to 10 years in prison and fined 5 lakh rupees.

Following his incarceration in connection with the sexual abuse case, Bamjan challenged the district court’s order by filing an appeal at the Janakpur High Court on 4th Asar, 2081. Despite the initial rejection of the appeal, a subsequent plea for reconsideration led to Bamjan’s acquittal after the High Court found flaws in the lower court’s handling of the case.

Notably, Bamjan was acquitted due to the lack of formal charges of misconduct within the statutory time frame. In a statement post the public announcement, Ram Lal Bamjan, representing the appellant, expressed his satisfaction with the verdict, emphasizing that the government’s repeated petitioner could not receive justice.

Ramesh Khatri, a representative of Kansai Nepal News, commented on the case, stating that the legal system at the time of Bamjan’s alleged offense in July 2016 was governed by the Muluki Ain of 2020 and the Children’s Act of 2048. These laws stipulated a maximum of 6 months for the prosecution of cases involving coercion. The government was required to file formal charges by 19th Magh 2073, but the victim only filed a complaint at the District Police Office on 23rd Magh 2073, a delay that the High Court took into account during the proceedings.

Referring to the legal framework in place at the time of the alleged offense, Khatri pointed out that the Muluki Ain of 2020 specified a six-month limitation for coercive actions. He highlighted the importance of adhering to statutory timelines in ensuring justice and accountability in cases of forced coercion.


Author: MAYA | HARUTO
Posted at: April 18, 2025 12:04 am