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Rape Case Against 4 Children

HC orders suspension of 7 cops including Bakerganj OC

Published : Monday, 14 June, 2021 at 12:00 AM  Count : 438

The High Court (HC) on Sunday directed the Home Secretary to suspend seven police personnel of Bakerganj Police Station of Barishal district including its officer-in-charge Md Abul Kalam for an incident over the rape case filed against four children in the district on October 6 last year.
    The HC asked to suspend Social Service (Probation) Officer of the district and withdraw the criminal jurisdiction of Senior Judicial Magistrate Enayet Ullah for ordering to send the minors to the custody of Child Development Centre without granting them bail.
The court also ordered to take departmental action against the seven police personnel and the social service officer.
Declaring the arrest and detention of four children over the rape case illegal, the HC bench of Justice Md Mozibur Rahman Miah and Justice Md. Kamrul Hossain Mollah passed the order in a verdict after disposing of a suo mutu (voluntary) rule.
Lawyer Barrister Md Abdul Halim and AM Jamiul Hoque Faisal argued for the children while Deputy Attorney General Nowroz Md Russel Chowdhury represented the State.
The HC observed that the ignorance of Enayet Ullah about the Children Act, 2013 in dealing with the case against the four children is unpardonable and the unconditional apology offered by him before this court is unacceptable, as he sent the children to the custody although he had no jurisdiction to do so.
The HC said the Law Secretary will withdraw the criminal jurisdiction of Judicial Magistrate Enayet Ullah and will provide him only civil jurisdiction in consultation with the Supreme Court.
The bench scrapped the rape case filed by the police against the four children saying that the police have filed the case in violation of their fundamental rights and relevant law.
The HC has turned down the unconditional apology offered by the police and probation officer, saying they will continue violating the human rights if stern action is not taken against them.
On October 6 last year, Bakerganj police arrested the four children, aged between 10 and 11 years, and produced them before the court of Barishal's Senior Judicial Magistrate Md Enayet Ullah the same day.
The magistrate rejected their bail petitions and ordered police to send them to the development centre. The children were taken to a development center at Pulerhat in Jashore.
The victim's father alleged that the children raped his daughter on the pretext of playing games on October 4.
The complainant said that the victim disclosed the matter to her mother after she fell sick two days later.
On October 11 last year, the HC stayed the proceedings of the rape case filed against four children in Barishal.
The court also directed the Bakerganj police station OC Abul Kalam to provide security to the children and their parents.

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