Monwar Malik vs State (2007) 59 DLR

Facts

The victim Momena Akter was aged 16 years and the accused Monwar Malik offered to love her but the victim Momena Akter did not agree to the proposal. Monwar Malik conveyed and promised her to marry, and after that, the victim Momena Akter responded to the proposal. On the date, of 13-03-2001 at about 8:00 PM silently entered her bedroom and committed intercourse with her. On the date 10-09-2001 at about 8:00 PM, The victim came out to respond to a call-up nature the accused told her that, he had come to take her but that was refused by the victim. Then the accused by force an open field and raped her against her will. Then the father of the victim and others tried Salish but the accused did not respond. The victim asked the accused to marry but the accused refused. On 16-10-2001 filed a complaint from the Magistrate in Pansha, Rajbari under section 9(1) of the Nari-oO-Shishu Nirjatan Daman Ain, 2000.

Issues

Is the accused person convicted on a charge under section 9(1) Nari-O-Shishu Nirjatan Daman Ain, 2000?

Decisions

The Supreme Court held that, if an accused makes sexual intercourse with a girl above the age of 16 years with her consent after having promised to marry her, he will not be held convicted under section 375 of the Penal Code.

Justification

The Supreme Court allowed to Appeal on the ground firstly, Nurul Amin who is a medical officer examined the victim and found no sign of rape in the person of the victim. Secondly, the victim did not tell the second date of occurrence before the magistrate in her statement under section 164 of the Code of Criminal Procedure. Finally, there is no eyewitness.

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

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