Zitu Ahsan Alias Apon Vs. State (2007) 59 DLR

Fact:

Lipi Akther (the victim), with Zitu Ahasan (the appellant) and they have developed a relationship each other. The appellant offers her marry and consequently the marriage was solemnized as Muslim ceremony in the house of Bulbul Sikder on 15-7-2003 at 10.00 pm and dowry money was fixed at take 100000 and they stay together 1.30PM to 5.00PM at that time they intercourse with each other. They take decision that they will inform their parents afterwards. And they used to go to different place as husband and wife and they were also many pictures. All on a sudden on 22-12-2004, Zitu informed the victim that he will go abroad for which demanded 5 lack from her parent. If she does not give, he refused the marriage which is existence and she insist or disclose the matter then she would be finished. She filed a case. The appellant is being found guilty under section 9(1) of the Nari o Shishu Daman Ain, 2000 and was sentenced to suffer rigorous imprisonment for life by of the Nari o Shishu Daman tribunal and special sessions judge.

 

Issues:

Whether the appellant will be convicted for rape under section 9(1) of the Nari o Shishu Daman Ain, 2000 or not?

 

Decision:

Here, he is found not guilty of the charges levelled against him of the said Ain. The appellant be set at liberty at once if not connected with others case.

 

Justification:

In the fact and circumstance and from the material on record and evidence that it does not show that the victim was minor (victim age 19 years old) and no commission of rape upon forcibly. She did not resist nor create any obstruction and there was no sign of sexual intercourse present and mark of violence was absent. It is absent of any threat or any fraudulent activities for intercourse. Prosecuting agreed to sexual intercourse and that’s why the accused could not be held guilty of rape.

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