Third and Fourth Periodic Report on CRC - Unicef

Convention on the Rights of the Child
the accused was a good boy. Md. Abu Taleb, who deposed as P.W.2, is a witness to the inquest. He identified his signature
on the Inquest <strong>Report</strong>, which was marked as Ext.2/2. In his cross-examination he stated that the cause of death of the girl
was not discussed at the time when he signed the Inquest <strong>Report</strong>. He also stated that a few days after the occurrence one
Kamal caught the accused <strong>and</strong> h<strong>and</strong>ed him over to the police <strong>and</strong> that he went to see the accused at the police
Station <strong>and</strong> saw marks of injury on his body. He stated that the accused told him that the police tortured him in order to obtain
a confession; that he forbade the police from torturing him; <strong>and</strong> that the accused had l<strong>and</strong> dispute with said Kamal. He
added that at the time of occurrence the accused was a minor.
Nirmal Kumar Adikari, deposing as P.W.3, stated that he knew nothing of the occurrence <strong>and</strong> was declared a hostile witness
by the prosecution. In his cross-examination by the prosecution he denied that at 9:00 p.m. on 15th October, while going to
the Puja Mondap, he saw the accused persons sitting on the border of the turmeric field having a discussion <strong>and</strong> heard on
the following day that Rikta had died. In his cross-examination by the defence he stated that his house was near to that of
Rikta Khatun <strong>and</strong> that he did not know how she died. Iqbal Hossain <strong>and</strong> Zahi, who deposed as P.W.4 <strong>and</strong> P.W.5 respectively,
are both seizure list witnesses. They identified their signature/thumb impression on the seizure list. Dr. Bashirul Alam,
deposed as P.W.6, giving details of the post-mortem report, which had been prepared upon examination of the dead body
by a Medical Board. He gave details of the injuries found on the dead body, namely abrasion on the left ring finger, upper
<strong>and</strong> lower lips, upper eyelid on the right side of the eye. The victim’s vulva was oedematous <strong>and</strong> there was congested
bloodstain <strong>and</strong> second degree tears towards the anus. Upon microscopic examination R.B.C. was found in plenty from the
vagina. There were also dead spermatozoa present. He opined that the death was due to asphyxia as a result of smothering,
which was ante mortem <strong>and</strong> homicidal in nature, <strong>and</strong> that she was raped. He proved the P.M. <strong>Report</strong> (Ext.4) <strong>and</strong> identified
his signature on the report (Ext. 4/1). He also identified the signatures of the other members of the Board. In his crossexamination
he stated that the hymen can be ruptured in different ways <strong>and</strong> that he did not know how the suffocation had
been caused. Abu Hanif, who deposed as P.W.7, is a formal witness who filled in the F.I.R. form. Rada Raman Saha,
deposing as P.W.8, stated that the occurrence took place about 3/3_ years previously <strong>and</strong> that he knew nothing of the
occurrence <strong>and</strong> did not know who killed victim Rikta. He was declared hostile <strong>and</strong> in cross-examination by the prosecution,
he denied that he knew about the occurrence or that on 15.10.1999 the accused person st<strong>and</strong>ing in the dock forcibly raped
her thereby causing her death. Pronob Kumar Gosh, P.W.9, was the Magistrate who recorded the confessional statement
of the accused. In his examination-in-chief he stated that he recorded the statement of the accused under Section 164 of
the Code on 19.11.1999 having followed all the relevant procedures. He identified his signatures on the confessional
statement <strong>and</strong> stated that the accused confessed voluntarily. In his cross-examination, he stated that he had been a
Magistrate for 3 (three) years, but did not have First Class power <strong>and</strong> that he recorded the confessional statement on the
order of the Deputy Commissioner. He stated that he did not write on the form the nature of the offence or how it was
committed; that on page-2 of the form he wrote that from 16.11.1999 to 19.11.1999 the accused was in police custody; that
he did not tell the accused that if he confessed he would be sentenced to death; that the fact that time was given to the
accused for reflection was not written down; that he did not write that there was no sign of torture by the police. He denied
that the accused was a minor at the time of making the confession. He denied the suggestion that the accused was beaten
by the police <strong>and</strong> the confession was recorded as tutored by them <strong>and</strong> that the same was obtained by threat. He denied that
the confession was not voluntary <strong>and</strong> true. He admitted that the accused subsequently retracted his statement. He denied
the suggestion that at that time he did not have the authority to record a statement under section 164 of the Code.
The informant, Md. Ziarat Mondal, deposing as P.W.10, stated that the occurrence took place on 15.10.1999 at 8/8:30 p.m.
<strong>and</strong> at that time his daughter Rikta was aged 8 years. He narrated the prosecution story, as stated by him in the F.I.R., that
his daughter went out to watch television at night, but had not returned by 10:00 p.m. <strong>and</strong> so he went out in search for her,
but in vain. On the next morning at 5:00 a.m. he received news from Batu that the dead body of the victim was lying in the
turmeric field of Proshanta Kumar. He went to the place of occurrence <strong>and</strong> found his daughter lying dead with marks of injury
on her neck. He also stated that he suspected that some unknown persons had killed his daughter. He identified his thumb
impression on the F.I.R. He also identified the material exhibits namely, one pink coloured frock <strong>and</strong> pink coloured shorts.
He stated that he later found out that accused Roushan took his daughter to the turmeric field <strong>and</strong> forcibly raped her <strong>and</strong>
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