I.A. Ansari, J.

1. This criminal petition is directed against the judgment and order, dated 25.02.2009, passed, in Criminal Appeal No. 94/2008, by the learned Sessions Judge, Kokrajhar, whereby the learned Sessions Judge, Kokrajhar, while allowing the appeal, and setting aside the judgment and order, dated 25.02.2009, aforementioned, remanded the case to the Court of learned Additional Chief Judicial Magistrate, Kokrajhar, directing him to deal with the case as per provisions of law. The case of the complainant may, in brief, be described thus:

(i) Accused Sazibul Islam is cousin of the complainant LB, who was a college student. On 13.08.2001, when LB was a student of a college, accused enticed her and took her from her college to Srirampur for solemnizing his marriage with her. One Samez Ali also accompanied them as a witness. Thereafter, LB was forcibly taken by accused Sazibul Islam to Coochbihar and she was kept there in a hotel, where accused Sazibul forcibly had sexual intercourse with her. After she had been put to forcible sexual intercourse, when she was crying, accused Sazibul took her signature on a marriage registration form. As a result of the sexual intercourse,