Gauhati High Court
Jiyarul Hoque @ Jiarul Hoque vs The State Of Assam on 23 September, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
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GAHC010060722021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./802/2021
JIYARUL HOQUE @ JIARUL HOQUE
S/O ABDUS SAMAD, R/O VILL-KANHARA, P.S.-CHHAYGAON, DIST-
KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
23.09.2021 Hearing held through remote video conference.
Heard Mr. H.R.A. Choudhury, learned Sr. counsel appearing for the accused petitioner. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.
Page No.# 2/5 By this application filed under Section 439 Cr.P.C., the accused petitioner, namely, Jiyarul Hoque @ Jiarul Hoque, has prayed for grant of bail in connection with Chhaygoan P.S. case No. 205/2021 registered under Sections 376/354C/506 of the IPC.
The case diary is placed before this court.
It may be mentioned that by order, dated 01.04.2021, this court granted the privilege of interim bail to the petitioner in view of an affidavit, dated 05.03.2021, sworn by the alleged victim averring that the allegation of rape and video recording thereon were completely false and a concocted story.
The prosecution case is that on 23.02.2021 at about 10 p.m., the F.I.R. named accused person came to the house of the informant and asked for a glass of water. When the victim went to bring water for the alleged accused person, he followed her inside the house and taking the advantage of absence of the others, forcefully committed rape on her and did video recording. It is also alleged that the accused threatened her with dire consequences by putting one dagger on her neck and told that the video would be made viral if she disclosed the incident to others.
The accused had been in judicial custody for 33 days till interim bail was granted.
The alleged victim woman aged about 25 years, refused to subject herself to medical test.
The victim in her statements recorded under Sections 161 and Page No.# 3/5 164 Cr.P.C. implicated the accused petitioner with the alleged offences. Two other witnesses in their brief statements under Section 161 Cr.P.C. simply implicated the accused.
Surprisingly, however, the victim woman by an affidavit, dated 05.03.2021, sworn and signed before the Notary, Govt. Of Assam, Kamrup declared as hereunder extracted-
"2. That I am the Informant/victim in Chhaygaon P.S. Case No.205/21 registered under Sections 376/354C/506 IPC.
3. That on 24/2/21 I lodged an F.I.R. with Jorshimuni Out post against the accused, Jiyarul Hoque, aged about 31 years, son of Abdus Samed, permanent resident of village-Kanhara, P.S.-Chhaygaon in the district of Kamrup, Assam bringing about the allegations of rape on me and during investigation the said accused was arrested and was sent to Central Jail, Lakhara, Guwahati.
4. That the allegation of rape and video recording thereon in the said case is a completely false and concocted story and I did the same on the dictation of one Abdul Halim, son of Late Zafar Ali, permanent resident of village-Tukrapara, P.S.-Chhaygaon in the district of Kamrup, Assam, PIN-781137 on his threat and he promised me to give Rs.90,000/- if I can manage to get the present accused in such a false case.
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5. That said Abdul Halim had an old enmity with the present accused which was developed on the fact that once upon a time he wanted to establish love relation with the younger sister of the accused but the accused and his sister denied for which said Abdul Halim challenged the accused to take revenge on him one day. This was the background of lodging the present F.I.R. against the present accused.
6. That however, after arrest of the accused the family members the concerned villagers and I have recently sat together and have arrived at an amicable settlement and I decided to live peacefully without further proceeding in the present case and we both the parties also decided to maintain our own respective dignity and social harmony and peace in our society since I am a married woman having husband and two minor children and also the accused has his own family consisting of his wife and one baby of seven months."
It needs a mention here that notice by registered A/D post was issued to the informant(victim) as respondent No. 2 vide memo No. HC.XXIV 324/BA dated 26.07.2021, but not returned till date and she has not appeared before the court despite presumption of service of notice.
In view of the above, the interim bail granted to the accused vide order, dated 01.04.2021, is hereby made absolute.
Page No.# 5/5 Having heard the learned counsel of both sides and perusal of the case diary as well as the affidavit, referred to above, this court is of the opinion that necessary action in accordance with law needs to be launched, after due investigation, against the alleged victim woman prima facie for making false allegation of rape against the accused petitioner leading to his unwarranted detention in judicial custody. This act on the part of the informant(victim) prima facie amounted to making false charge of offence where punishment is extended to life imprisonment with intention to cause injury to the accused petitioner.
For the above stated reasons, the learned Public Prosecutor, Gauhati High Court is requested to take necessary effective steps to prevent such false complainants against the innocent people.
Return the case diary.
This disposes of the bail application.
JUDGE Comparing Assistant