Case Summary

Masud Mia vs State is a notable case under the Nari-O-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995. The accused, Md. Masud Mia, was charged under Section 6(1) for allegedly raping a 13-year-old girl, Mst. Arzina Khatun. However, the Appellate Court set aside the conviction. The acquittal was based on the absence of physical evidence, lack of eyewitness testimony, and a medical report confirming no signs of rape or bodily injury. This case illustrates the importance of corroborative evidence in criminal proceedings under the Women and Children Repression Act.

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 the 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 eyewitness 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.