Judge hastily acquitted rape accused before retirement

Kathmandu, February 11 — Lalitpur District Court Judge Rishiram Acharya has been found to have made a hurried decision in a serious case like rape, showing judicial deviation just before his retirement.

Judge Acharya reportedly made a decision in haste, granting a clean acquittal to the defendant even though the case was not fully presented.

A complaint has been filed with the Judicial Council regarding this matter.

After the complaint, the council has asked for details of the decision made by Judge Acharya’s bench along with other relevant information.

Judge Acharya made the decision just before his retirement. It is customary for judges to either take leave or avoid hearing controversial cases about a month before their retirement.

However, Judge Acharya, based on financial transactions, is accused of deviating from judicial norms and issuing a decision with the intention of granting an acquittal without even hearing the witnesses, according to the complaint filed by the victim with the Judicial Council.

The decision was made on January 26 in a case pending at Lalitpur District Court. After the decision became controversial, the Judicial Council started investigating the matter.

In the case of rape charge filed on January 7, Judge Acharya had ordered that no adjournments be allowed and that the case be decided on the scheduled date.

Shortly thereafter, the judgment was delivered, prompting concerns that the judge had deviated from his duties. 

In the acquittal, the court did not allow the main witness to present their statement, and the decision was made in an unusually swift manner.

The complaint points out that, out of eight appearances in the case, there was only one discussion on detention orders, and a decision was made on the same day as the full hearing.

Case details

On December 12, 2024, a complaint was filed at the Lalitpur District Police Office by the father (pseudonym Jawalakhel-18 'A') of a minor girl.

The complaint alleged that the girl's brother-in-law, i.e., her elder sister's husband, had sexually assaulted her. The accused, identified as 33-year-old Abhinav (name changed), a resident of Uttar Pradesh, India, was arrested the following day, December 13, 2024.

Abhinav, who claimed to be the official dealer of the Baltra brand in Nepal, denied the allegations but admitted that the victim was with him at the time of the incident.

After his arrest, Abhinav was held in custody for two days but was later hospitalized, claiming illness.

The police investigated the incident, questioning Abhinav, his wife, his mother-in-law (the victim's mother), his stepdaughter (the victim's half-sister), and others who were aware of the incident.

Statements were also taken from the victim, her school coordinator, Shikha Gurung, and the mother of the victim's friend, Shobha Baniya.

The victim, a 13-year-old girl studying in the 8th grade, had confided in her teacher, Shikha Gurung, about the incident.

However, the matter was not reported to her father at the time.

The victim's mother had left her in the care of her half-sister in an apartment in Sanepa, Lalitpur, while she went to Chitwan.

It was during this time that the accused, the husband of the victim's half-sister, allegedly assaulted her.

The victim's father and daughter had gone abroad, and it was only after their return that the victim disclosed the incident to her father on November 5, 2024.

The father then filed a complaint with the Lalitpur District Police.

The police arrested the accused, but he was hospitalized shortly after, claiming illness.

A case was filed against Abhinav at the Lalitpur District Court on January 6, 2025, under charges of sexual assault.

However, the case was dismissed within 21 days of filing.

According to legal provisions, cases of sexual assault are supposed to be handled on a fast-track basis.

The Supreme Court of Nepal had previously directed the establishment of fast-track courts for such cases in 2009 and reiterated this in 2013.

The Lalitpur District Court claimed that the case was handled on a continuous hearing basis, but the decision has been criticized for being made without hearing key witnesses.

The decision has sparked controversy, with some alleging that the judge, Acharya, pressured court staff to expedite the case.

The accused was released on the same day the verdict was announced, having served 45 days in custody.

Judge Acharya sentenced the accused to 45 days in prison, effectively releasing him immediately.

The case has now been brought to the attention of the Judicial Council, with complaints filed against Judge Acharya for what is perceived as a flawed decision.

The complainant, Yubaraj Safal, who identifies himself as a justice-loving citizen, has also lodged a complaint with the Chairman of the Constitutional Council, the Prime Minister.

The accused, an Indian national, had been doing business in Nepal and was released from custody on the day of the verdict.

The case has raised concerns about the handling of sexual assault cases and the integrity of the judicial process in Nepal.