Dismissed

Khobiruddin Sk @ Khabir Uddin v. the State of Assam

Gauhati HC10 Feb 2023Bail Appln./170/2023

Case brief

AI extract

What is this about?

The Gauhati High Court rejected a bail application filed by a kazi accused under sections 376 IPC and section 4 of the POCSO Act for failing to record the minor victim's age correctly and thus violating the Assam Moslem Marriages and Divorces Registration Act during the solemnization of a marriage.

What did the court decide?

Bail prayer rejected at this stage; case diary returned.

Khobiruddin Sk @ Khabir Uddin Vs the State of… — Child Sexual Offences (POCSO) | Gauhati HC (2023)

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GAHC010008732023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./170/2023

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KHOBIRUDDIN SK @ KHABIR UDDIN S/O LATE ROJOB ALI, VILL.- TARANGMUKH, P.O.- LAKHIGANJ, P.S.- BILASIPARA, DIST.- DHUBRI, (ASSAM), PIN- 783345.

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VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM.

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Advocate for the Petitioner : MR G CHAMUAH

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 10.02.2023

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Heard Mr. G. Chamuah, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned APP appearing for the State.

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The petitioner, who was arrested on 29.12.2022, is seeking regular

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bail under section 439 Cr.P.C. in connection with Bilasipara P.S. Case No. 349/2022, under sections 376 IPC, read with section 4 of the POCSO Act.

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The learned counsel for the petitioner has submitted that a kazi is authorized to solemnize muslim marriages and in this connection, he has referred to the kabinnama (Annexure-1) wherein the petitioner has signed as the kazi. It is also submitted that as the petitioner is in custody for last 44 days, no further custodial interrogation is required.

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The learned APP has produced the case diary and has opposed the prayer for bail.

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It is noticed that on 14.11.2022, the father of the minor victim girl has lodged an FIR before the Officer-in-Charge of Bilasipara P.S. alleging that his minor daughter was raped in the first week of May, 2022, for which, the minor girl was 5 months’ pregnant and before that, the father of the petitioner had approached the Gaon Panchayat for the matter. Thereafter, FIR was lodged on 14.11.2022.

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It is noticed that as per the kabinnama, the marriage of the minor victim girl was solemnized on 21.11.2022, which was after the FIR was lodged and in the prescribed column no.4 of the kabinnama, the petitioner had recorded that the girl was a major, which is incorrect.

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Under the Assam Moslem Marriages and Divorces Registration Act and rules framed thereunder, the legal requirement of a kazi is to ensure that a minor should be married with the consent of her legal guardians. Therefore, in this case, as the petitioner, being kazi, has failed to solemnize the marriage in accordance with the said 1935 Act and Rules framed thereunder. Hence, the Court is not inclined to release the petitioner, namely, Khobiruddin Sk @ Khabir

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Uddin at this stage.

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Accordingly, the prayer for bail is rejected at this stage.

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Case diary is returned.

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JUDGE

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Comparing Assistant

Khobiruddin Sk @ Khabir Uddin v. the State of Assam

Case brief

What is this about?

What did the court decide?

Khobiruddin Sk @ Khabir Uddin v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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