Masud Mia vs State (2004) 56 DLR

Facts

The victim Mst Arzina Khatun aged 13 years went to their family latrine in response to the call of nature when the accused Masud Mia suddenly grabbed her and tried her mouth with a Gamcha and committed rape on the tong against her will. The police officer after investigation submitted a charge sheet against accused-appellant Md Masud Mia under section 6(1) of The Women and Children Repression Act, 1995.

Issues

Whether the accused person has been convicted on the charge under section 6 (1) of The Nari-O-Shishu Nirjatan Daman (Bishes Bidhan) Ain 1995?

Decisions

Apple is allowing the impugned order and the conviction and sentence date 3-6-1999 to pass by the Nari-O-Shishu Nirjatan Daman Bishes Adalot, Gaibandha, and the case is set aside. The accused appellant Md Masud Mia is acquitted of the charge.

Justifications

The Supreme Court allowed the Appeal on the ground that firstly the investigation officer did not find any mark of violence, Secondly, there was no independent eye witness to the occurrence. Thirdly Dr. Mahbuba Akhtar Banu who is a medical officer examined the victim she stated that she found no sign of rape also she did not find any violence on her face, cheek, and private parts.

Written by---
Kamruzzaman Shuvo
Department of Land Management and Law
Jagannath University, Dhaka

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