KATHMANDU, April 20: Janakpur High Court acquitted Ram Bahadur Bamjan (Ramlal Bamjan), widely known as a "spiritual ascetic," in a child sexual abuse case citing provisions from outdated laws.
A joint bench of Judges Narishwar Bhandari and Khemraj Bhatta on March 20 cleared Bamjan of the charges.
Meanwhile, the Sarlahi District Court is still reviewing a money laundering case filed against Bamjan.
The Janakpur High Court released the full text of its verdict on April 17. It noted that the incident occurred on August 4, 2016, when the law allowed only a six-month window to file a rape complaint. The court based its decision on the legal provisions in effect at the time of the incident.
The High Court not only acquitted Bamjan in a serious child sexual abuse case by citing outdated laws but also annulled the entire charge sheet filed against him. The court stated in its verdict, "Since the District Court based its ruling on incorrect legal interpretations and principles, making further consideration unnecessary. Therefore, we void the verdict and invalidate the charge sheet, which failed to account for the statute of limitations."
High Court acquits Bamjan in child sexual abuse case
The District Court had charged Bamjan under the Children's Act, 2018 (2075 BS) and Section 219 (3)(c) of the National Criminal Code, 2017 (2074 BS), seeking punishment for "engaging in sexual activity and child sexual abuse." The victim's representative had filed the complaint on February 6, 2020.
District Court's ruling
On July 1, 2024, the Sarlahi District Court convicted Ram Bahadur Bamjan of child sexual abuse, a crime defined as heinous under the law, and sentenced him to 10 years in prison. The court also ordered him to pay Rs 500,000 in compensation to the victim.
Presiding Judge Jeewan Kumar Bhandari ruled that Bamjan, who claimed to be an incarnation of Lord Buddha and preached Buddhist philosophy, committed a crime classified as heinous under the prevailing law. Based on evidence and testimonies included in the case file, the court concluded that Bamjan abused the child with the intent of achieving sexual gratification.
The District Court convicted Bamjan under Sections 66 (3)(g) and (h) of the Children's Act, 2018.
Bamjan challenged the District Court's ruling by filing an appeal at the Janakpur High Court, which later ruled in his favor.
In response, the Office of the Attorney General announced plans to appeal the High Court's decision at the Supreme Court. "The verdict, based on outdated law, took us by surprise," said a government attorney. "We will definitely take the case to the Supreme Court. The ruling should have relied on the current Criminal Code, which allows a three-year statute of limitations for rape cases involving minors—even after the victim turns 18."
Meanwhile, the Sarlahi District Court is reviewing a money laundering case filed against Ram Bahadur Bamjan. The Janakpur High Court ruled that the Sarlahi District Court's verdict issued on July 1, 2024, does not align with the law, rendering it void and annulling the charge sheet. The High Court stated that the incident occurred on August 4, 2016, and at that time, the statute of limitations for filing a rape complaint was six months.
The court referred to the then-prevailing Children's Act, 1991 (2048 BS), which defined a person as a minor until the age of 16. Based on this law, the court concluded that the victim had turned 16 on July 3, 2017. The victim's complaint had been filed on February 5, 2017. After investigating the case, authorities filed the charge sheet on July 2, 2020, under Sections 66 (3)(g) and (h) of the Children's Act, 2018, which came into effect on October 17, 2018.
The Janakpur High Court ruled that the charges filed based on a complaint without a statute of limitations, following an investigation, and the Sarlahi District Court's verdicts of June 24 and July 1, 2024, were incorrect. Therefore, the court declared the verdict void and annulled the charge sheet. The court further concluded that Ram Bahadur Bamjan, also known as Ramlal Bamjan, who had been found guilty, should be acquitted of the alleged crime. The Government of Nepal, as the appellant, cannot pursue the appeal.
Bamjan, known by names such as "Little Buddha" and "Tapaswi," first gained prominence on June 15, 2011, when he stayed at a community forest ashram in Kamalamai Municipality-7, Sindhuli. After three months in Sindhuli, he moved to Patharkot in Sarlahi. Since mid-September 2017, he has resided in another ashram in Sindhuli.
Bamjan faced accusations of murder, rape, and the disappearance of others. The Sarlahi District Court issued an arrest warrant for him on February 6, 2020, but he remained on the run for an extended period.
On January 8, 2024, a team from the Central Investigation Bureau (CIB) of Nepal Police apprehended him in Kathmandu. Following a court order, authorities sent Bamjan to jail on January 11, 2024 for further investigation. After the District Court convicted him in a child sexual abuse case, the High Court acquitted him, and he was released from jail.
