Patna court convicts suspended RJD MLA, 5 others in rape case

A local court here Saturday convicted suspended RJD MLA- Raj Ballabh Yadav- and five others in a case of rape of a minor girl two years ago.

Special MP & MLA court judge-cum-Additional District and Sessions (ADJ)(IX) Parshuram Yadav convicted the MLA under section 376 of IPC and relevant sections of Protection of Children from Sexual Offences Act (POCSO) 2012.

While five other co-accused were also convicted under section 120(B) of the Indian Penal Code (IPC).

The court has fixed December 21 as the next date for hearing the arguments on the issue of quantum of punishment (sentence), Special Public Prosecutor Shyameshwar Dayal told reporters outside the court room.

The prosecution would press for maximum sentence in the case as the MLA hatched a criminal conspiracy to rape the minor girl, he added.

Raj Ballabh Yadav, the suspended RJD MLA, may lose his membership of the Assembly as he has been convicted under sections which attract minimum sentence of six years which may extend upto life term, Dayal said.

Dayal said he would lose membership under section 8 (3) of the Representation of People Act, 1951.

As per section 8(3) of RP Act, 1951, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

It may be noted Yadav, who is Rashtriya Janata Dal (RJD) MLA from Nawada, was named in a case of rape of a minor girl at his residence in Bihar Sharif on February 6, 2016.

The RJD had suspended him from the party on February 14, 2016.

After evading arrest for considerable time, the MLA surrendered after a local court issued proclamation notice and an order to attach his properties for not surrendering before the police.

The Bihar Police, in its charge sheet had also named a woman and her relatives as accused on the ground that they were supplying women and girls to the RJD MLA.

Notably, the Supreme Court on November 24, 2016 had cancelled Yadav's bail granted by the Patna High Court.

The court had said that there is a "possibility of interdicting" fair trial by him if released.