Dying Declaration of Nusrat Jahan Rafi

Shah Md Babar :

The girl died; had left her dying declaration which statements shall be presumed to be true. At the first instance it is well accepted from both accused and complainant that 108 hours is the time of her dying declaration that means the period from when she had been burned to the time of her last breath (around 9.45am of 6.4.19 to 9.30 pm10.4.19.

But the fact is u/s 32(1) of the Evidence Act 1872 dying declaration is a statement of the deceased before or at the time of death under expectation of death.

In this case the victim asked justice & legal action against principal Sirajud-Daula, but local police station failed& failed to give her protection. She didn’t stop there, after she had to face a terrible embarrassing situation in the police station she again filed a case & the accused was not granted by learned court.

While some of her classmates and friends were involved in the human chain & movement for unconditional release of the accused, she has written a letter to her classmates and friends to stop. She wrote them in her letter, ‘My friends, you know which parts of my body has been touched & which parts of my body has been attempted to touch by Sirajud-Daula…she also wrote in her letter that previously she had made a mistake by deciding to commit suicide but she decided  to fight for justice till her death. Bangladesh has experienced a lot of suicide by teenagers like her in such situations.

Before the exam of Dakhil (S.S.C level) she was brutally attacked by throwing lime into her eyes for refusing proposalby the main suspect of the her murder case & leader of the movement for unconditional release of principal Sirajud-Daula when he was charged with attempted rape & refused bail from learned court. After that lime attack people came to know her as a raped girl but couldn’t know the criminal. Because after the attack on her eyes some local media published her name; parents name; house address; village;  post office; and everything & told that she was raped but unfortunately they didn’t published the details of the criminal Shahadat Hossain Shamim, even some of the media said that she was attacked by unidentified offender.

From the time of that attack she was leading a victimized life without justice. After she got admitted in Feni’s SonagaziI slamia Senior Fazil Madrasa principal Sirajud-Daula started to attempt to abuse her. According to circumstances and her friends principal Sirajud-Daulacalled her in his office for 27 times during these two years. Finally she decided to take protection from the law enforcing agencies. But before she decided to take protection of law & justice enforcing agencies she decided to commit suicide to relief herself from the pain of this victimized life but later on, she had decided to fight for justice until death, as reviled in her letter.

She was in trauma, threat & believed the risk of her life from the time she was called to the office of the principal Sirajud-Daula. This belief of risk of life must turn into belief that she is going to die after she has been refused proper protection because her fight was continuous. So, while she was going to attend Alim (H.S.C level) under threat of life, without any protection from responsible agencies, she must believe that she was going to lose her life.

So, every of her statements after the refusal FIR against principal Sirajud-Daula should be treated as dying declaration u/s 32 (1).

Rest in peace NusratJahan Rafi

The Writer is a Lawyer of Feni District Judge Court