Six-year-old’s Murder in Cox’s Bazar: SC stays three death row convicts’ acquittal
The Appellate Division of the Supreme Court yesterday stayed for eight weeks a High Court verdict that acquitted three who were sentenced to death by the trial court in a case filed for abducting and killing a six-year-old schoolboy in Cox's Bazar in 2013.
Chamber judge of the Appellate Division Justice Hasan Foez Siddique passed the stay order following a petition filed by the state seeking a stay on the HC judgement.
Deputy Attorney General Dr Md Bashir Ullah told The Daily Star that the three convicts of Hridoy abduction and killing case will have to remain in condemned cell following the apex court's stay order.
He said the Appellate Division passed the stay order considering his arguments that the three convicts had given confessional statements to the magistrate concerned and two witnesses had seen them abduct Hridoy.
The state will move a leave to appeal petition before the Appellate Division challenging the HC verdict, DAG Bashir Ullah added.
The HC on December 7 acquitted convicts Abdul Khaleque, Bahadur Miah and Abdus Shukkur of the charges of abducting and killing Md Hridoy, saying that the allegations brought against them were not proved beyond reasonable doubt.
The HC bench of Justice Krishna Debnath and Justice ASM Abdul Mobin delivered the verdict after hearing the appeals filed by accused Khaleque and Bahadur, death reference (lower court record) of the case and examining relevant documents and evidence.
Khaleque and Bahadur are now in the jail while Shukkur is now on the run, Mohammad Shishir Manir, a defence lawyer for Khaleque and Bahadur, told this newspaper on December 7.
The HC appointed Shahnaz Haque as a state defence lawyer for Shukkur as he is absconding.
He said the HC bench acquitted the three as it was proved that Khaleque and Bahadur were tortured and forced to give the confessional statements.
Their statements were recorded at the same time in the magistrate's room violating relevant provisions of law, he said, adding that there were inconsistencies in the confessional statements.
Shishir Manir said there is no other evidence and documents in the case to prove the allegations against the three who were sentenced to death. The lawyer said he prayed to the HC to order the government to conduct further investigation in order to find out the real kidnappers and killers.
The HC may issue necessary directives to this effect in the full text of its verdict, he added.
Md Hridoy, a nursery student and son of Nurul Haque from Uttar Nunirchara in Cox's Bazar, was abducted while he was returning home from school on July 4, 2013. The kidnappers then phoned Hridoy's elder brother Md Yousuf, demanding Tk 3 lakh for his release.
The following day, police recovered Hridoy's body from Kalatali Road area. Later, Victim's father filed a murder a case with Cox's Bazar Model Police Station.
On June 7, 2015, a Cox's Bazar court sentenced Khaleque, Bahadur and Shukkur to death and acquitted another accused Jasim Uddin in the case.
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