Monday, 18 October, 2021

A murder charge is not proven by telephonic conversation

  • Sun Online Desk
  • 14th October, 2021 10:17:19 PM
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A murder charge is not proven by telephonic conversation

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Police Bureau of Investigation (PBI) is probing into a case filed over alleged “rape and murder” of college girl Mosarat Jahan Munia.

There is much headway in the investigation, said sources at the PBI.

Mosarat Jahan Munia was found dead at a Gulshan flat on April 26. Her elder sister Nusrat Jahan Tania filed a false case against Bashundhara Group Managing Director Sayem Sobhan Anvir accusing him of instigating suicide of Munia.

After a thorough investigation, police submitted Final Report to the court on July 19, saying that allegation against Sayem Sobhan Anvir is baseless and they found no proof of his involvement in the incident.

The court received the final report on July 22. After hearing, the court acquitted the lone accused in the case on August 18.

At the same time, the court also dismissed Naraji (no confidence) petition submitted by Nusrat against the police report which led to the dismissal of the false and fabricated case.

Later, Nusrat filed another case with the Women and Children Repression Prevention Tribunal-8 of Dhaka. Bashundhara Group managing director, his wife, parents, model Piasa and flat owner were implicated in the case.

Sources said there is no object, evidence and witness  to prove involvement of accused persons in the rape and murder case.

Legal experts said burden proof rests solely on the complainant.

As per law, some conditions need to be fulfilled to prove a murder. The conditions are following:

1. A rapist or murderer must be present at the place and time of occurrence. But the persons accused in Munia’s case did not visit Gulshan flat on the day of her death.

2. Every murder is committed with help of a firearm or sharp weapon or stick or any other harmful object. No such object was seized from Munia’s flat.  

3. There should be witness and testimony to prove a murder. The elements are absent in the case.

Wishing anonymity, an officer connected to the investigation said Nusrat claimed to have talked to her sister Munia over phone prior to the incident. They also exchanged some messages.

In her case, Nusrat mentioned that she was coming to Dhaka from Cumilla on the day of her sister’s death. The complainant said Munia might have been raped and killed after the telephonic talks. 

But telephonic conversation and messages are not necessarily the basis for coming to the conclusion that Munia was raped and killed, he opined.