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A virtual appeal court of four judges headed by the Chief Justice confirmed the prison appeal of the death row prisoner Humayun Kabir on Tuesday.
State-appointed attorney ABM Bayezid heard the jail appeal in court; Assistant Attorney General Biswajit Debnath represented the state.
Bayazid told bdnews24.com that 12 people, including the boy’s father, had testified in the case. But no witnesses gave objective testimony. Although the charge sheet mentioned that Upazila Nirbahi’s officer was present when the boy’s body was recovered, he was not questioned during the trial.
He said that under Section 164, the defendant was quoted in his confessional statement as saying that the girl was the daughter of his cousin. However, the girl’s father stated that he did not know the accused. The boy’s mother was not a witness in the case. Then the doubt would have disappeared.
“The autopsy report said that the baby’s skull was broken. However, in the defendant’s confessional statement it is mentioned that he killed the child by holding his mouth. Therefore, there is a discrepancy between the autopsy report and the confessional statement. of the accused in the description of the murder ”.
The lawyer said the court had found inconsistencies in the testimony of the two children who were eyewitnesses in the case.
The Supreme Court acquitted Humayun Kabir, the only defendant in the case, due to Bayezid’s claim, lack of objectivity in the evidence, inconsistencies and various errors.
According to the case statement, the first-class student from the Sakera government primary school in Laksham village in Kanaksree left his home on June 30, 2004 at around 10:15 am to go to school. Since he did not return home even after the holidays, the parents learned that the boy did not go to school.
The boy’s uncle, Jasim Uddin, wrote a general diary (GD) at the police station on the same day, as he could not find him at his relatives’ house or in his possible place.
The statement quoted two sixth-grade students from Sakera High School as saying they saw the boy lying in a sewer next to the village teacher’s house with a headache on the way to school. Then 5 to 6 more people were present.
According to his narration, Humayun Kabir got there and started chasing everyone. He introduced the boy’s mother and asked him to take his home. The boy also says that he will go with his uncle.
The statement quoted Jasim, the plaintiff in the case, as saying: “Humayun Kabir took my niece to an unknown location, sold her to a woman and a child trafficker or detained her.”
Police filed a case under the Prevention of Abuse of Women and Children Act on July 2 of that year after filing a complaint with the Laksam Police Station seeking legal action over the incident. On July 4, after the arrest of truck driver Humayun, the police recovered the boy’s body from the forest near the sewer.
Later, the police turned it into a murder case and filed a charge sheet in court on September 29 of that year. Following the trial, on 5 April 2007, Judge AHM Mostaq Ahmed of the Chittagong Speedy Court of First Instance convicted Humayun Kabir of murder and sentenced him to death.
Shortly after the verdict, the case’s death reference (request for permission to execute the death sentence) reached the High Court. The defendant appealed to jail that same year. After the hearing, the High Court confirmed the death penalty on February 22, 2012.
Humayun Kabir filed a petition against the verdict on April 15 of that year. On April 17, 2014, the Supreme Court accepted the lawsuit as an appeal. At the end of his hearing, the Appeals Division rendered the verdict of acquittal.
As a result of the verdict, there is no obstacle to the release of Humayun Kabir, who has been in jail for more than 18 years, the state-appointed attorney said.
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