Ibrahim Dewan vs state (2014)

Fact:

The prosecution case as projected in the FIR and unfurled at trial is that victim Kobita Rani Sarkar aged about 16 years was a student of class 10 of Baligaon High School. On 1-11-2005 in the morning after completion of school when she was returned home, she was raped by a local terrorist named Ibrahim Dewan. The police arrested the Accused person. The police also recorded the statement from the victim under section 22 of the Nari O Sishu Nirjatan Ain, 2000, and also arranged for her medical examination. The police after investigation submitted a charge sheet under section 9(1) of the Naro O Sishu Nirjatan Ain, 2000.

Issues of the Case:

1. Is this a rape case?
2. What will be the punishment of the accused and if they are not satisfied by the decision of the session court what procedure they can follow?
 
Decision:

The accused person is punished under section (9), Nari O Shishu Nirjatan Daman Ain, 2000 which is imprisonment for life and also to pay a fine of 20000 in default of suffering rigorous imprisonment for five years more.

Justification:

1. According to section 375 of the penal code if any person commits sexual intercourse with a woman against her will it will be called rape as the accused person did such work so he will be punished under this section but as the case was filed under Nari o Shishu Nirjatan Daman Ain 2000 so the accused person punished under section 9 of the Ain.

2. The course of the prosecution examined fifteen witnesses out of 90 on the other hand accused has no witness on his behalf.

3. The victim is the daughter of a professor of a college so it is unexpected that such a person lodges a false case losing her dignity and honour of her family.

4. According to the statement of the witness and medical report occurring of rape with the victim by the accused was proved beyond a reasonable doubt.

5. If the claimant was aggrieved by the decision of the session court he can file an appeal to the Appellate decision for Justice.
 
Cases Considered by the Court:
1. State vs shan khan 18Dlr.
2. State vs Sutuj ali 10 BLC
3. State vs Sabur alam 51DLR
4. Md.Abdul khaleq vs State 12 dlr
5. Momtaz Ahmed khan vs state 19 DLR

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