Man acquitted after 14yrs on death row

The Supreme Court yesterday acquitted Md Humayun Kabir, who had been in the condemned cell for the last 14 years after being convicted and sentenced to death by the trial court, in connection with a case filed for abduction and murder of an eight-year-old in 2004.

Humayun, a truck driver from Sakera village of Laksam Pourasava in Cumilla, was arrested on July 4, 2004 in connection with the case when he was 27-year-old, his lawyer ABM Bayezid told The Daily Star.

Yesterday, a four-member bench of the Appellate Division of the Supreme Court, headed by Chief Justice Syed Mahmud Hossain, delivered the acquittal verdict after allowing an appeal filed by Humayun, challenging the High Court verdict that confirmed his death sentence.

Citing the case statement, Advocate Bayezid said second-grader Zaheda Aktar Juthi of the same area went missing on June 6, 2004.

His guardian lodged a general diary with Laksam Police Station the same day.

On July 2, 2004, police filed a case under Section 7 of Nari O Shishu Nirjaton Daman Ain on charge of abducting and killing Juthi. They arrested Humayun two days later in connection with the case.

The same day, law enforcers recovered Juthi's body.

Humayun was then placed before a magistrate on July 5, 2004 and he gave a confessional statement that day.

In the statement, he said he had strangled Juthi to death as her father Abdul Jalil had insulted him following an altercation over a transaction of Tk 1,600, Bayezid said.

The Speedy Tribunal of Chattogram on April 5, 2006 convicted Humayun and sentenced him to death. He was sent to the condemn cell the same day.

After hearing the death reference and appeal of Humayun, the HC on February 22, 2012 confirmed the trial court verdict.

Then Humayun filed an appeal with the Appellate Division challenging the HC verdict. In the appeal, he prayed to the apex court to acquit him of the charges, claiming that he was innocent.

Advocate Bayezid said the Appellate Division yesterday acquitted Humayun as he said in the confessional statement that he was arrested on June 30, 2004 but it was stated in the case that he had been arrested on July 4, 2004.

Besides, Juthi's father told the trial court that he did not know Humayun.

Moreover, the statements from the then UNO of Laksam, who was said to be present during the recovery of Juthi's body, and her mother, were not recorded during the trial proceedings, Bayezid said, adding that the SC delivered the acquittal verdict considering all these grounds.

Bayezid said Humayun will be released after the full apex court verdict reaches the jail.

Deputy Attorney General Bishwajit Debnath represented the state during the virtual hearing of the SC appeal.