Four convicts, including former Sonagazi Islamia Fazil Madrasa principal Siraj Ud Doula, have filed appeals seeking acquittal in the murder case of Feni madrasa student Nusrat Jahan Rafi.
The appeals were submitted to the relevant section of the Appellate Division of the Supreme Court on Wednesday, 30 September, said lawyer Mohammad Shishir Manir.
The other appellants are Javed Hossain alias Sakhawat Hossain Javed, Saifur Rahman Mohammad Zobayer and Umme Sultana Popy alias Tuhin, who were sentenced to life imprisonment by the High Court.
Earlier, on 24 August, the High Court upheld the death sentences of two accused in the Nusrat murder case, reduced the sentences of four others to life imprisonment and acquitted the remaining 10 accused. The full text of the verdict was released on 8 September.
The High Court made significant changes to the lower court verdict nearly seven years after the Feni Women and Children Repression Prevention Tribunal sentenced all 16 accused to death in 2019.
According to the High Court, the decision to sentence all 16 accused to death was made without proper consideration and was irresponsible. A bench comprising Justice Bhishmadev Chakraborty and Justice KM Rasheduzzaman Raja delivered the verdict after hearing the death reference, appeals filed by the accused and jail appeals.
The High Court upheld the death sentences of suspended principal SM Siraj Ud Doula of Sonagazi Islamia Fazil Madrasa and madrasa student Shahadat Hossain Shamim.
It reduced the death sentences of Nur Uddin, Umme Sultana Popy alias Tuhin, Saifur Rahman Mohammad Zobayer and Javed Hossain alias Sakhawat Hossain Javed to life imprisonment.
The High Court acquitted former Sonagazi upazila Awami League president Ruhul Amin, Sonagazi municipality councillor Maksudul Alam, madrasa teacher Hafez Abdul Kader, lecturer Afsar Uddin, Kamrun Nahar Moni, Abdur Rahim Sharif, Iftekhar Uddin Rana, Imran Hossain Mamun, Mohammad Shamim and Mahi Uddin Shakil.
The High Court said the allegations against the acquitted accused were not proven beyond reasonable doubt.
The murder case
According to the case statement, on 26 March 2019, Alim examination candidate Nusrat Jahan Rafi of Sonagazi Islamia Fazil Madrasa was allegedly called to the office of madrasa principal Siraj Ud Doula, where she was sexually harassed.
The following day, Nusrat’s mother Shirin Akhter filed a case against Siraj Ud Doula with Sonagazi Model Police Station. Police arrested him the same day, but the case was not withdrawn.
The charge sheet stated that after Siraj’s arrest in the sexual harassment case, his associates became angry. On 6 April, Nusrat was taken to the roof of the madrasa’s administrative building, where five attackers wearing burqas allegedly tied her hands and legs, poured kerosene on her and set her on fire.
Nusrat died on 10 April while undergoing treatment at the Burn and Plastic Surgery Unit of Dhaka Medical College Hospital.
Following the attack, Nusrat’s brother Mahmudul Hasan Noman filed an attempted murder case with Sonagazi Police Station against eight named accused and several unidentified people. After Nusrat’s death, the case was converted into a murder case.
After completing the investigation, police submitted a charge sheet against the eight accused named in the original complaint and eight additional individuals.
On 24 October 2019, the Feni Women and Children Repression Prevention Tribunal delivered its verdict, sentencing all 16 accused to death.
Five days later, on 29 October, the case records were sent to the High Court for approval of the death sentences, a process known as a death reference. Later, the death row convicts filed appeals and jail appeals with the High Court.
