Rape Case in Khulna: HC upholds life term based on circumstances

The High Court has upheld the life sentence handed to a convict in a rape case in Khulna, considering the circumstances and statement of the victim although her medical report was not available.

"The appellate court [HC] has upheld the sentence handed down by the lower court concerned as the statement of the victim about the rape was believable. Therefore, the appellant [Ibrahim Gazi] cannot be acquitted [of the charges] on the excuse that her medical test was not done or he [Ibrahim] has not raped," the HC said.

The HC bench of Justice Md Rezaul Haque and Justice Bhishmadev Chakrabortty made the observation in the full text of the verdict, which was released yesterday.

The bench delivered the short verdict on February 27 on the appeal filed by Ibrahim challenging the trial court judgment on him in the rape case.

Deputy Attorney General Jannatul Ferdoushi Rupa told The Daily Star that the HC verdict and observation regarding the punishment of the convict without medical report of the rape victim was applicable for this particular case, not for all other similar cases.

Besides, the Supreme Court's Appellate Division may make final observation and guidelines about this issue, she said.

DAG Jannatul said the Nari O Shishu Nirjaton Daman Tribunal (Women and Children Repression Prevention Tribunal)-1 of Khulna on March 13, 2019, convicted Ibrahim and sentenced him to life imprisonment in the case filed for the rape of a 15-year-old child in Dakop area of the district in 2006.

The tribunal also fined him Tk 20,000 and said he will have to serve two more years in jail in case he fails to pay it.

The tribunal delivered the judgment under Section 9(1) of the Nari O Shishu Nirjaton Daman Ain (Women and Children Repression Prevention Act), 2000.

Ibrahim then filed an appeal with the HC challenging the tribunal verdict.

DAG Jannatul said the victim was eight days late for filing the case due to pressure from the local influential people.

The hospital concerned had not conducted the medical test of the victim as the police did not cooperate with her, said the DAG, adding that the medical test of the rape victim is to be conducted in 48 hours of the rape incident under the Nari O Shishu Nirjaton Daman Ain, 2000.

Asked for comments, Ibrahim's lawyer Aminul Haque Helal told this correspondent that he was yet to receive the full text of the HC verdict.