Dhaka – The High Court (HC) Wednesday released full text of its verdict that had commuted the death sentence of two convicts to life imprisonment after revising their death penalty in 13-year-old Rakib killing case in Khulna in 2015.The full text of 69-page verdict was released after the two presiding judges of a High Court bench comprising Justice Jahangir Hossain and Justice Md Jahangir Hossain signed on it.
The verdict copy said, “……..From the evidence of aforesaid witnesses it is found that the accused persons removed the victim from the place of occurrence to the hospitals soon after incident. It is also evident by pws-25, 33 and 34 that the accused persons were beaten by angry mobs after occurrence meaning that the accused persons did not flee away rather they tried to save the life of the victim when they felt that they committed serious crime on the victim by pumping air into his belly by inflator.”
It also said, “In such a situation, it is a very hard job for the court to determine the quantum of sentence whether it will be capital punishment or imprisonment for life upon the accused persons since they played a role for saving the victim’s life soon after occurrence as evident by the said prosecution witnesses.”
At the same time it is very important to note that the victim was completely an innocent teenager who had no fault of such dire consequences at the hands of the accused persons, according to the verdict.
Since the determination of awarding sentence to the accused persons is at the middle point of views, it may turn to impose capital punishment or imprisonment for life and that is why, the advantage of lesser one shall find the accused persons to acquire in the instant case, the verdict said adding: “More so, both the accused persons have no significant history of prior criminal activities and their PC and PR [previous conviction and previous records] are found nil in the police report. In this regard it finds support from the decision in the case of Nalu –Vs-The State, reported in 1 ALR(AD)(2012) 222 where one of the mitigating factors was previous records of the accused,” the verdict copy said.
“We do find an extraneous ground to commute the sentences but we do not find any reason to interfere with conviction recorded under sections 302/34 of the Penal Code. In the above facts and circumstances of the case, we are of the view that ends of justice will be met if the accused persons are sentenced to one of imprisonment for life instead of awarding them sentences to death with a fine of Tk. 50[fifty] thousand each, in default, to under R.I for 02[two] years. On recovery of the fine from both the convicts, the same has to be paid to the legal heirs of the deceased,” the verdict said.
On April 4, the same bench of the HC awarded both the accused persons after revising the trial court verdict in 13-year-old Rakib killing case.
The HC bench, however, imposed a fine of Tk 50,000 each on the two convicts — Omar Sharif and Mintu Mia– for killing the boy.
They will have to serve two years more in jail in case of failing to pay the money to Rakib’s family, the verdict said.
On November 8 in 2015, a Khulna court handed down death penalty to Sharif and Mintu in the murder case. The convicts then filed separate appeals with the HC challenging their conviction handed down by the trial court.
The death references of Rakib killing case reached the HC on November 10, 2015. Later, the condemned convicts filed appeals against the lower court order and Chief Justice SK Sinha asked the HC Division to prepare the paper-book of the case on priority basis. On 3 August 2015, Rakib’s former employer Sharif and his uncle Mintu stripped the boy naked, inserted a high-pressure air pump nozzle into his rectum and filled the body with air.
Rakib’s intestines tore apart and lungs burst as air filled the abdomen, which left him dead. The killing incident sparked outrage all over the country. – Staff Reporter
