MD. BURHAN UDDIN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) FIR No.2015 KDL 057, dated 28.07.2015, was registered under Sections 342/376(i)/417/109/34 of the Indian Penal Code (for short, IPC) and also under Section 4 of Protection of Children from Sexual Offences (POCSO) Act, 2012 by the Officer-in-Charge of Kadamtala Police Station in response to a complaint lodged by the prosecutrix [name withheld] against the appellants, inter alia, stating that one day about 5/6 months ago one Ruhela Begam, a neighbour called her to come to their house for the purpose of assisting her various activities of her daughter's marriage. She used to call her as 'chachi' [aunty]. Accordingly, she went to the house of Ruhela Begam. While she entered into the kitchen of Ruhela at about 10/10:30 O'clock in the morning she closed the door from outside. After a while, the accused Burhan Uddin of her own village all on a sudden opened the door from outside, entered into the said room and forcefully pressed her mouth with a handkerchief and committed rape upon her against her desire. Thereafter Burhan Uddin went out of the room. Just after the incident she narrated the fact to Ruhela Begam when she laid a proposal to get her married with Burhan. Ruhela Begam also told her not to divulge the incident to anyone. She further stated in the complaint that she used to pay visit to the house of Ruhela Begam off and on when Burhan Uddin had developed physical relationship with her alluring her to get married with him. She further stated that on 26.07.2015 A.D. her mother had taken her to Kadamtala Hospital for treatment when she was informed that she was carrying for 5(five) months. The matter was informed to Burhan Uddin but he refused to marry her. Ruhela Begam also denied the entire episode that was happened with her.

(2.) During investigation, the statements of the prosecutrix was recorded under Section 164(5) of CrPC by a Judicial Magistrate. She was medically examined and the investigating officer recorded the statements of the available witnesses. Being prima facie satisfied, the investigating officer submitted charge-sheet against both accused Burhan Uddin and Ruhela Begam.

(3.) Being committed, the learned Special Judge, North Tripura District, Dharmanagar, framed charges against Burhan Uddin under Section 376(i) read with Section 34 of IPC and also under Section 5(g) of the POCSO Act,2012 read with Section 34 of IPC to which he pleaded not guilty and claimed to be tried. Ruhela Begam was also charged under Section 341/366A/376 D read with Section 34 of IPC and 5(g) of POCSO Act, read with Section 34 of IPC to which she pleaded her innocence and claimed to be tried.