Assam: Begger eunuch approach Gauhati high court : HC issued notices

Gauhati High Court issued notice to the State of Assam and Complainant on a petition  filed by begger eunuch.


Guwahati

A single bench of Justice Manash Ranjan Pathak of Gauhati High Court issued notice to the State of Assam and Complainant on a petition being Criminal Petition No. 1305/2018 filed by begger eunuch Md. Hafizur Rahman who served as Maulana in Masjid and is an eunuch by birth and presently earn his livelihood by begging alms along with his similarly conditioned friends seeking quashing of FIR, charge sheet and order framing charge.

On 27.01.2018 , Md. Aizuddin lodged an FIR with Officer -In-Charge, Fakiragram P.S. ,  by bringing allegation inter alia that Hafizur alongwith his friend were collecting money illegally under the disguise of eunuch and thereafter he alongwith his friends went to Simalutapu at around 11 A.M. and brought Hafizur and his friend to Binnasara village.

On the basis of the said Ezahar, Fakiragram  P.S. Case No. 08/18 under sections 419/420/384/34 I.P.C was registered with corresponding G.R. case No. 67/18. Thereafter, the petitioner was arrested forwarded to Ld Chief Judicial Magistrate, Kokrajhar and police has submitted charge sheet being Charge Sheet No. 03/2018 dated 31.01.2018 before Ld.  Chief Judicial Magistrate, Kokrajhar after investigating into the matter by framing charge against the petitioner under sections 419/420/384/34, I.P.C.

Talking to Northeastindia24, Amit Goyal, Advocate appearing for the Hafizur submitted before the Court that neither during investigation nor at the time of framing of charge the Accused was medically examined and the questions as to whether the accused is Eunuch or not that has not been medically confirmed.

As such only on the basis of the statements, the accused can’t be charged sheeted and charge can’t be framed against him.

After hearing the parties, Gauhati High Court issued notice to the state govt. and complainant fixing the matter on 07.02.2019 for further hearing.

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