Case Law

Saiful Islam vs State (2019) 71 DLR 6

Facts of Saiful Islam vs State Case

Md. Firoj Hossain Alias Babu as informant filed the First Information Report (FIR) at Hatibandha Police Station in Lalmonirhat on 5-11-2011, where the sole accused is Saiful Islam Alias Babu, who is his sister’s husband, also here the victim is Mosammat Nargis Sultana Alias Bilkis, who is informant’s wife. They got married on 19-8-1999. After their marriage, they did not have any children. Thus his wife felt lonely. For this scope, the accused tried to establish a hobnob relationship with his wife.

On 25-7-2011 at 8 p.m., since there was none in the house except Nargis Sultana, the accused having been in their house committed rape on his wife and after committing rape threatened the victim not to disclose anything. Later on, since the victim became pregnant at 3 months and on this query victim told the occurrence of rape to him. Thus he filed the FIR. After such an investigation, the Trial Court decided and set aside the case. But after such a decision, the aggrieved party being dissatisfied with the decision issued an Appeal to this Court.

Issues of Saiful Islam vs State Case

Whether it was rape or not?
If it was not, then what would be the consequences?

Decision

This court set aside the case and discharged the accused, Saiful Islam on July 30th, 2018.

Justification

This decision was made because the victim made statements under section 22 of the Ain on 17-11-2011, during the investigation. So, It was not rape, as the victim stated that her husband filed the case on some wrong assumption; she had no illegal relation with the accused and she became pregnant by her husband, but the said pregnancy has been ended through abortion. As the victim is the best person to say whether she is a victim of a rape or not, so it’s clear that it was not a rape and thus the accused had been discharged.