H.N.SARMA
Amsar Ali Paramanik – Appellant
Versus
State of Assam – Respondent
JUDGMENT AND ORDER (ORAL)
H.N. Sarma, J.— Inherent jurisdiction of the Court under Section 482, Cr PC is sought to be exercised by filing this petition by the accused/petitioner challenging the order dated 1.7.2008 in CR Case No.940c/08 (Corresponding to Kokrajhar PS Case No.213/08) and GR No.598/08 registered under Section 376/498(A)/109/420/403/ 406/506/511/34.
2. I have heard Mr. A.S. Choudhury, learned senior counsel for the accused/petitioner and Mr. Kamar, learned PP, Assam and Mr. J.H. Saikia, learned counsel appearing for the complainant/respondent No.2.
3. The broad facts leading to filing this petition are undisputed and are as follows:
4. The complainant is the wife of the petitioner No.2 and their marriage took place on 12.2.2008 by executing a Kabinnama under the Muslim Law fixing Dower money of Rs.30,000/-. However, after the marriage, her marital life did not pass happily. The accused No.2/husband of the complainant was raised by the petitioner No.2 in his house like his younger brother. After marriage, it is alleged that the accused No.2 who is given status of father by accused No.1 committed sexual harassment upon the complainant under threat. Being unable to bear
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