EMPEROR Vs. NUR AHMED

JUDGEMENT

(1.) In this case Ohajuddin Molla and Nur Ahmed alias Nonia were tried by the Additional Sessions Judge at Alipore and a jury which consisted of three Hindus and two Mahomedans. They were convicted Under Secs.366 and 376, I. P. C, by a majority of 3 to 2. The learned Judge considers that the verdict against Nur Ahmed was against the weight of evidence and unreasonable and that he ought to be acquitted under both the sections.

(2.) The facts were that a girl named Kiron Bala Dassi of the Bairagi caste lives in a small village near to a much larger Mahomedan village. According to her story, some time before the date of the offence alleged in this case, Ohajuddin made immoral suggestions to her, asking her to go and live with him. She said that she was highly shocked and screamed out with fear. This is alleged to have taken place at midday, while she was working in her hut and Ohajuddin is alleged to have called her from outside. Further, it is suggested that before this incident, some persons approached her bari at night, but were chased away by male members of her family. There is the evidence of one witness that Ohajuddin was seen among those who were running away. This witness was Adel Molla. His evidence appears to be unsatisfactory, because it is clear that he told two entirely different stories before the Magistrate and before the Sessions Judge. On the night of the alleged offence the girl's husband was away. Her evidence was that two men whom she did not name came into her hut and gagged her with a piece of cloth. She tried to scream, but they brandished a knife; then they dragged her away to their house and raped her one after the other.

(3.) The next day, she was kept in the house and Ohajuddin forced her to eat and then raped her twice that day. The next morning, Ohajuddin came with Maniruddi and let her out. Maniruddi was not there the previous night. Ohajuddin told her to go to her father's house and on her way home she met her deor and the chaukidar to whom she told what had happened. Then, "looking unwillingly" at the two men in the dock, she said "Ohajuddin and Maniruddi are in the dock." It will be noticed that in her examination-in-chief she did not mention either of the two accused when she described what happened in her hut, nor did she mention anybody else but Maniruddi, who she said was with Ohajuddin when she was let out on the Thursday morning.