Page No.# 1/3 GAHC010158552025 2025:GAU-AS:9872 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./885/2025 MUKHLESUR RAHMAN @ TAJU S/O- ABDUL KHALEQUE SK @ KHALEQUE. R/O- VILL.- BALLAMGURI, P.S.- GOSSAIGAON, DIST.- KOKRAJHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:MONOWARA BIBI D/O- LATE MOKSED ALI. R/O- VILL.- BALLAMGURI P.S.- GOSSAIGAON DIST.- KOKRAJHAR ASSAM PIN- 783360 Advocate for the Petitioner : MR. L R MAZUMDER, MR. E. HUSSAIN,MR. A ISLAM Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 30-07-2025 Heard Mr. L.R. Mazumder, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent no. 1, State of Page No.# 2/3 Assam. 2. The instant criminal petition is preferred to invoke the inherent powers of this Court under Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 for setting aside and quashing of criminal proceedings of Sessions Case T2 no. 66/2025, which arose out of Gossaigaon Police Station Case no. 167/2024 corresponding to G.R. no. 187/2024. 3. In the First Information Report [FIR] lodged before the Officer In-Charge, Gossaigaon Police Station on 11.10.2024, the informant had inter alia alleged that on 10.10.2024, the accused-petitioner along with two other persons had committed forceful sexual assault upon the deaf and dumb younger sister of the informant. The FIR was registered for the offences under Section 64[2][k] and Section 70[1], Bharatiya Nyaya Sanhita [BNS]. 4. After investigation, the I.O. submitted a charge-sheet vide Charge-Sheet no. 162 on 31.12.2024 finding sufficient incriminating materials in the case against the accused-petitioner for the offence under Section 64[2][k], BNS. On receipt of the charge-sheet, the committal court of learned Sub-Divisional Judicial Magistrate [M], Gossaigaon issued process against the accused- petitioner for his appearance before the said Court on 15.05.2025. Upon appearance of the accused-petitioner before the committal Court on 15.05.2025, the case was committed to the Court of Sessions, Kokrajhar. 5. It is the case of the petitioner that during the course of investigation, the alleged victim was medically examined on 11.10.2024 and as per the opinion of the Medical Officer, there was no mark of injury seen on the person of the alleged victim. It is the further contention of the petitioner that on the date of Page No.# 3/3 the alleged incident, the petitioner was busy with the marriage ceremony of his sister and as such, the occurrence of the alleged incident of forceful sexual assault was not possible. 6. From the materials on record, more particularly, from the charge-sheet, it can be noticed that the statements of the alleged victim was recorded under Section 183, BNSS with the help of expert personnel and the statement of the alleged victim was found consistent with the case lodged in the FIR. The contents of the FIR, the statements of the witnesses recorded during the course of investigation, etc. reported to have supported the version of the alleged victim. 7. An opinion of the Medical Officer is not the final opinion in the case of forceful sexual assault in a case of forceful sexual assault. While medical evidence is crucial it is not always conclusive or final. The trial court has also considered the victim’s testimony, the other witnesses testimony, other evidence presented before it. The plea of alibi is to be established by the accused in the course of the trial. Therefore, the contentions raised by the petitioner in the instant criminal petition can only be appreciated after recording of the evidence of the prosecution during the course of the trial. 8. In view of the aforesaid reasons, this Court does not find any merit in the instant criminal petition. Consequently, the criminal petition being devoid of merit, is not entertained. No cost. JUDGE Comparing Assistant