AMINUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. J. Dutta, learned counsel appearing on behalf of the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., representing for the State and Mr. R. A. Ahmed, learned counsel appearing for the respondent no. 2.

(2.) This is an application filed under Sec. 528 of the BNSS, 2023, praying for quashing the FIR, Charge-sheet and the entire proceedings of Sessions Case No. 52/2021 (GR Case No. 1207/2018, pending in the Court of learned Additional Sessions Judge, Bilasipara.

(3.) The respondent no. 2 (informant) had lodged an FIR before the Bilasipara Police Station on 17/7/2018, alleging, inter alia, that while her husband was not available in the house, the petitioner (accused no.1) often committed house trespass by entering into the house and committed rape on her several times against her will and threatened her not to disclose the matter before anyone; that on 15/7/2018, at about 11:30 PM, the petitioner committed house trespass again while her husband was not available in the house and forcefully raped her against her will; that local public caught the petitioner red handed and later on, the accused no. 2 as named in the FIR also tried to outrage her modesty.