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This High Court statement came about in the verdict handed down in the rape case of a teenage girl in Dakop upazila of Khulna fourteen years ago.
The verdict was given on February 27. The full verdict was announced Wednesday, as a movement is under way to demand justice for several recent rape cases.
This movement has demanded the reform of the pertinent laws, including the law of the test.
The Superior Court said: “Just because there was no medical examination, the violation was not proven or the appellant did not violate, on the pretext that he (the defendant) could not be acquitted.
“If the accusations against the defendant are proven by the oral testimony of the victim and other circumstantial evidence, the defendant can be convicted based on it.”
Ibrahim Gazi’s life sentence was confirmed in a rape case of a teenage girl in Khulna’s Dakop upazila on February 28. Rezaul Haque and Judge Bishmadev Chakraborty.
The defendant argued at the appeal hearing that the prosecution did not conduct a medical examination on the victim despite the court order. The victim also testified against his mother and two sisters, neither of whom testified in court. That is why the accused deserves to be acquitted.
In this context, the verdict read: “The father of the victim is the imam of the mosque. His wife is a veiled woman. You wouldn’t want to face embarrassing questions when it comes to witnessing crimes like rape, which is normal. The other two (the two sisters of the victims) are considered important witnesses in this case. They were 18 and 12 at the time of the incident.
“So they were minors and single. It is natural that in the social context they also will not testify in the case to avoid unpleasant and irrelevant questions and problems. There is no reason to suppose that the accusations were not substantiated because they did not come to testify. “
“The incident took place on April 15, 2007,” the verdict reads. On May 17 of that year, the Khulna Abuse of Women and Children Suppression Court ordered a medical examination. That is after 32 days.
“Even if the victim had undergone a medical examination on the same day (the day the court ordered it), it was normal to find no signs of rape after a long examination. The prosecution’s case will not be considered unproven alone because a medical examination was not carried out. “
The girl was raped on April 15, 2006 in Khulna’s Dakop upazila. The case is arbitrated locally.
Subsequently, on April 17, the police did not present any cases. Then, on April 23, the girl’s father filed a complaint with the Khulna Abuse of Women and Children Abuse Court.
On May 10, the court ordered the Dakop police station magistrate to take the teenager’s statement and investigate the incident.
On May 17, the Khulna Medical College Hospital was instructed to carry out a medical examination on the girl and an arrest warrant was issued for the accused.
Subsequently, the Khulna Abuse of Women and Children Suppression Court sentenced the defendants to life imprisonment and a fine of Taka 20,000 on March 13 last year.
Ibrahim Kazi appealed against the verdict in High Court. Following the hearing on this appeal, the High Court dismissed his appeal.
Deputy Attorney General Jannatul Ferdousi Rupa represented the state in the case. Aminul Haque Helal was the defendant’s lawyer.
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