P.M. SERAJUL ISLAM: This article is mainly about the rape that a rape victim is seeking, and then again, in the legal process, that she is being raped publicly. Medical examination of rape women, ie, to create medical reports, investigating officers during investigation, confessional statement, time of passing etc. The only reason of this repeated rape of women is that the presence of men in almost all works. However, in our Article 27 paragraph, there is a guarantee of equality of rights of women and men. Again, Article 19 (3) says that the state will ensure equal participation of women and participation in all aspects of national life. On the other hand, Article 28 (2) has ensured that men and women get equal rights in all spheres of the state and public life.

Under our testimony law, rapists generally try to prove the victim as ‘mischief’ in the 4 sub-section of section 155. If you can prove that reason, rapists can survive the rape complaint. It is said in this section that when a person surrenders to the criminal case for attempting rape or calling, it can be shown that the complainant is generally bitch. In this case, during the rape case, the female victim of rape is often abused, unwelcome, irrelevant, irrelevant and objectionable questions. Due to this, the victims of rape and their families were discouraged to file a lawsuit and were deprived of justice. Although this article came to the court, it has become a barrier to getting justice of the victim. This law is being used to harass rapists in a crowded court. In a rape court, they came to the court to stand trial and again get raped. Because if you apply this trend, the sex life of the sexes becomes the focus of discussion. Which is a very personal and confidential subject. The opponent’s lawyer has repeatedly tried to prove that rape is used in such sexual relations. The court will not be able to protect the victim from being insulted in such an act as an act of law, where the rape is rendered unreasonable by giving proof of rape as a bitch. This trend has been widely influencing rape cases. Even after the offender acknowledged his crime, there is also an example of the acquittal of this section on the shoulders of the people. An example of how the “characteristic properties” used in the High Courts of Bangladesh and how it has been used will prove to be an example. Abdul Majid v. State case, which is a divorced mother in 13 BLC 2008 case, who complained of being raped while sleeping in her hut with her child. During the escape, the accused rapist was caught by the villagers and confessed to the crime. Considering the complainant’s marital status and her “characteristic characteristics” of sexual relations, she is said to be ‘accustomed to sexual activity’ and is said to be ‘rape is a moral character and she is involved in anti-social and immoral activities.’

State versus Shahin and others who were married twice in 2008 in the 2008 High Court Division of the rape accused. He was ransacked from his grandmother in a hotel room. In this case, it is said in the court ruling that ‘this is a case of rape of a woman who had been married twice before and this case is an example where the testimony of the plaintiff will not be acceptable.’ “In the case of Shree Dinata Pal v State, which is 30 BD (AD) 2010 can be seen that the court proves to be a ‘bad character or an evil person’ by rising complainant trees, and his testimony is unacceptable The complainant was a young homemaker, who was raped by her employer. The court remarked in this regard that since the complaint was filed by a papaya tree while closing the headquarters of the accused’s house, it proved that the plaintiff is a woman of light honor. So the evidence given by him will not be credible, until more reliable evidence will be presented.

In analyzing the cases mentioned in this, there is also sufficient colonial behavior in it. Therefore, the procedure of the 155 (4) section of the evidence law is contradictory to the ideals of the independent Bangladesh. Our established legal policy is that, if rape is also a bad character and even if it is a harlot, its right to privacy can not be diminished by any person and regardless of the character of the victim, the accused person must suffer the punishment of rape. No civilization can be found in the world where the law was not developed. With the development of civilization, the concept of ‘law’ has also changed drastically. If the law does not keep pace with the changed period, the law loses its effectiveness. It is necessary to make that law time useful. The legislation finds its existence in constructive criticism. So it is not advisable to exclude the provisions of Section 4 of Section 155 of our testimony act 1872?

Writer: The writer is a Law researcher, columnist and human rights activist, lawyer in Bangladesh supreme court, E-mail: seraj.pramanik@gmail.com, Mobile: 01716-856728