Kamal Hossain V. State (2009) 61 DLR 504

Fact:

Kamal Hossain grew intimacy with Rozina begum (the victim) and proposed to establish physical relationship assured that he will marry her. Firstly the victim girl refused the proposal to establish physical intercourse before marriage. The convict assured her that, at first they will marry by reciting religious rites and afterwards he will register their marriage. Accordingly on 5-1-2003, in the absence of the parents of victim the convict brought moulivi and do fake marriage, thereafter she mixed freely for that she become pregnant. He told her that for abortion but she did not do that. Kamal gives some herbal medicine in sweets tried to cause miscarriage, eating sweets, the condition become serious and doctor said she need to abortion immediate. After that the father request the convict to accept as bride but the convict did not take to their house as bride. For that a case is filed, where Kamal Hossain as convict under section (9)1 of the of the Nari o Shishu Daman Ain, 2000 is sentenced.

 

Issues:

Whether the charge frame against the appellant under section (9)1 of the said act has been proved beyond all reasonable doubt or not?

 

Decision:

The charge brought against the convict has not been prove at all and the appellant is acquittal.

 

Justification:

A willing partner in this sort of act cannot allege that she has been torture by the appellant. Under section 493 of the penal code four ingredients must present for such offence but there is no such ingredient. Through the medical examiner it’s known that there is no abortion held but bleeding from her private part. The matter of the victim (they) which was not disclose to the neighbour.

 

Case Reference:

1. Sohel Rana V. State 57 DLR 591

2. Abed Ali V. State 34 DLR 366  

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