Golam Ahmed Vs. State (2012) 64 DLR (HCD) 93

Fact:

Sultana lucky had deep affair with the accused –appellant. On 23-2-2002 at 9-00 AM in their rented residence house at 172, Surma. The accused –appellant had sexual intercourse with her promising to marry her. Thereafter when she asked him to marry her as promised he took her to his rented house at Akhalia. Then they lived together as husband and wife for 2 years, then she was kept in the house of her mother. Their wedding tie has continuing. On 4-11-2008 at 9.00 AM, the accused –appellant coming to her rented house at Bananipara disowned their marital tie, he ravished her for long time creating her wrong impression in her mind that the marriage between them had taken place. She filed a case. On the basis the case Nari O Shishu Nirjatan Daman Tribunal, Sunamganj framing charge under section 9(1) of the Nari o Shishu Daman Ain, 2000 against the accused appellant. By the aggrieved the accused has appealed.

 

Issue:

Whether the accused appellant been convicted on charge framing under section 9(1) of the Nari o Shishu Daman Ain, 2000?

 

Decision:

The appeal is allowed and the framing charge under section 9(1) of the Nari o Shishu Daman Ain, 2000 is hereby set aside and the applicant has discharged under section 265C of code of criminal procedure.

 

Justification:

The age of victim girl is 20 years who is adult, not minor. Here sexual intercourse not one day but for 6 years as husband and wife. Neither force nor obtained fraud upon, no guilty of rape. Victim consent was and they are lawfully, married and live 6 years together. So here is not any guilty of rape. So, the accused appellant acquitted from the charge.

In the case reported, it is held that the victim girl agreed to have sexual intercourse with the accused as he promised to marry her and for that the accused cannot be held guilty of committing rape. It was observed that the accused neither applied force nor obtained consent under threat nor practiced the fraud upon the victim before he had sexual intercourse that was a willing partner. After the first cohabitation they had sexual intercourse 15/16 occasion. It is held that, the accused agree to marry the victim and obtained her consent who allow the accused to have sexual intercourse with her, no offence of rape under section 9(1) of the said Ain.

 

Case reference:

1. 59 DLR 301, 591

2. 59 DLR 301, 591

3. 61 DLR 505

Written by---
Salma Akter
Department of Land Management and Law
Jagannath University, Dhaka