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Court finds no flaws in probe

Court finds no flaws in probe

Shawdesh Desk:

A Dhaka Women and Children Repression Prevention Tribunal said that multiple investigation agencies properly and extensively investigated the case filed on the charges of rape and murder of college student Mosarat Jahan Munia.

The judge in an order on March 20 relieved Bashundhara Group managing director Sayem Sobhan Anvir and eight others of Munia rape and murder charges.

 

Judge Md Showkat Ali of the Dhaka Women and Children Repression Prevention Tribunal-8 observed in his written order that he has found no flaws in the investigation as all the investigation agencies scrutinised the in-quest and post-mortem reports, DNA and forensic reports, and other evidence and submitted a report describing the case as an incident of suicide.

The certified copy of the order was made available on April 4.

The tribunal, however, pointed out that though the DNA laboratory of the Criminal Investigation Department detected presence of male sperms in Munia’s clothes and other exhibits, but the investigation officer of the Police Bureau of Investigation failed to identify the male, or prove whether the sperms belonged to any of the accused.

PBI inspector Golam Murtoza Ashraf Uddin submitted the probe report to the tribunal on September 26, 2022.

The tribunal also dismissed the petition filed by Munia’s sister Jahan Tania, seeking further probe into her complaint against Anvir of raping Munia before she was killed at her rented residence in Gulshan.

Munia’s lawer M Sarwar Hossain told New Age on Sunday, ‘The judge’s observations about the findings regarding the DNA show that the case deserves fresh and further probes. We believe the judge being influenced has passed the order in favour of the accused.’

Sarwar said that he would appeal with the High Court to revoke the tribunal’s order and seek a directive to the tribunal to accept their plea of holding a fresh probe.

Seven others, most of Anvir’s family members, were made accused in the case as abettors to Anvir to kill Munia.

The tribunal further observed that the post-mortem report found Munia’s ‘uterus enlarged and contain evidence of conception’.

The post-mortem report also commented on Munia’s death as ‘suicidal in nature’ and it also found in her body the sign of sexual intercourse.

But the victim filed no complaint that the accused raped her or cheated her to have physical relationship with her, the tribunal observed.

The tribunal quoted the PBI investigation officer as saying, ‘as an adult girl the victim voluntarily grew physical relationship with accused Sayem Sobhan Anvir which cannot constitute rape offence.’

Having rejected the PBI report, Munia’ sister Jahan Tania on July 9, 2022 prayed to the tribunal for holding further investigation by other investigation agencies, saying that the investigator did not try to identify the biological father of the unborn baby found in Munia’s womb in the post-mortem report.

Tania’ lawyer Sarwar Hossain told the tribunal that despite the post-mortem and DNA reports produce adequate evidence, the Gulshan police at first and later the PBI gave clean-chit to Anvir because the accused are highly influential people.

Recovering Munia’s body on April 26, 2021, the police recorded an unnatural death case but it later recorded a case filed by her sister against Sayem on charges of abetting the ‘suicide’ of the college student.

The police in July 2021 submitted a final report with recommendation for clearing Sayem and others of the charges.

Nusrat on August 31, 2021 filed a fresh complaint against Sayem and the eight people with the Women and Children Repression Prevention Tribunal after the magistrate on August 8, 2021 rejected her petition objecting to the final report.

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