Gulam Rabbani :
Women from different social strata, including university’s teachers and students, woman rights activists, professionals and artists, took to the streets on Thursday midnight in protest against the court’s direction to the police not to accept the lawsuits 72 hours after the rape.
Demonstrators brought out a torch procession from Shabagh to Jatiya Sangsad (parliament) in the capital while holding placards and chanting slogans, ‘Is rape legal after 72 hours?’ ‘We want safety on the streets day and night’ and ‘Ensure equality, break patriarchy’.
Later, they held a mass signature campaign in front of the parliament demanding abolition of Section 155 (4) from the 1872 testimony act.
In the protest, professor of the anthropology department of Jahangirnagar University Rehnuma Ahmed said, “In the 21st century, this kind of verdict should not be delivered in an independent country. The court is responsible for carrying out justice, not giving character certificates. The judge asked the police not to accept the case 72 hours after the rape. So, will not the police take the rape complaint if a woman is confined for 72 hours after the rape?”
Lawyer Farah Hossain said, “We have been demanding scrapping Section 155 (4) [from the 1872 testimony act] for a long time. The verdict of a case today, Thursday, assassinated the character of women victims instead of ensuring them justice. This is condemnable.”
Earlier, a tribunal acquitted five persons accused of raping two university students in the city’s Raintree Hotel four years ago. Judge Kamrunnahar of the Women and Children Repression Prevention Tribunal-7 pronounced the verdict on Thursday. The five acquitted persons are Apan Jewellers owner Dildar Hossain’s son Shafat Ahmed, Shafat’s friend Shadman Sakif, Nayem Ashraf, Shafat’s driver Billal Hossain and bodyguard Rahmat Ali. A case was filed with the Banani police station on 28 March 2017 in connection with raping two university students.
While delivering the verdict, the court observed that the prosecution had failed to prove the case and wasted the court’s time.
Meanwhile, a controversy arose created over a Dhaka tribunal observation that asked the police not to record rape case if the victim comes 72 hours after the incident.
Legal experts opine that the judge has no jurisdiction to instruct to file a complaint within 72 hours or not to record a rape case without a medical certificate. This instruction is totally illegal as there is no time limit for filing a case against a criminal offense under our existing law.
Trial of a criminal offence cannot be forgiven for delay. It can be judged any time. For this reason, trials for criminal offenses during World War II are still taking place. The trial of Bangabandhu assassination case has taken place after several decades. Crimes during the liberation war are still being tried.
Additional Attorney General S M Munir said, “As per law a criminal offence can be judged any time if there is enough evidence over it. Cause of action of any criminal offence never ends. And that is why it can be judges any time.” In rape incidents, the evidences are lost after three days, maybe the court have given such an opinion out of such thoughts, the Additional Attorney General also said adding that the matter will be clear after the release of the full verdict.
Mohammad Shishir Manir, a Supreme Court lawyer, said, “There is no time limit for seeking justice against any criminal offence. If the judge gave any observation asking the police not to record rape case 72 hours after the incident, then it is completely against the criminal justice system.”
“Apart from this, if any lower court judge gives such kind of observation it doesn’t create any obligation on the post other courts to follow. And I think this observation will not be upheld in the appellate courts,” added the lawyer.
Barrister Jyotirmoy Barua, a Supreme Court lawyer, in a Facebook post said, “If what the judge has said in the judgment of the Raintree Hotel case is true, then it must be said that the judge went beyond his power and made unsolicited remarks.”
The lawyer said also the judge has no jurisdiction to instruct to file a complaint within 72 hours or not to record a rape case without a medical certificate.
While delivering a verdict in the Banani double rape case, judge of the Women and Children Repression Prevention Tribunal-7 of Dhaka, Mosammat Kamrunnahar, on Thursday asked the police not to receive a rape allegation for record if a victim comes to the police station after 72 hours of the incident.
In the observation the court also said, “Semen cannot be traced after 72 hours.”
Meanwhile, the tribunal acquitted all five accused from the charges of the case filed with Banani Police Station.
The five accused are Shafat Ahmed, son of Dildar Hossain Selim, co-owner of Apan Jewellers, Shafat’s friends Shadman Sakif and Nayeem Ashraf alias Halim, driver Billal Hossain and bodyguard Rahmat Ali.
The judge, in her verdict, said the prosecution has failed to prove the charges brought against the accused and they are acquitted. All the accused were present in the courtroom during the deliberation of the verdict.
The court observed that although there was found sign of a physical relationship, no signs of forced rape were found. The two complainants voluntarily went to bed with the accused.
During the verdict, the judge rebuked the investigation officer for submitting charge sheet even though no evidence was found against the five accused and for “wasting time”.
In this case, the plaintiff came to the police station after 38 days of the incident, the judge mentioned.
A university student filed the case with Banani Police Station accusing Shafat, Sakif and three others on May 6 in 2017.
According to the case statement, two young men including Shafat raped the complainant and another university student on March 28 in 2017 at a birthday party in the Raintree hotel in Banani while three others assisted them.
