Shima Chowdhury, an 18 year old victim of an alleged rape in
police custody in October 1996, died in Chittagong Jail where
she was being held in “safe custody”29 during an investigation
in February 1997. In July 1997, four police officers accused of
raping Shima Chowdhury were acquitted by a trial court in
Chittagong. The prosecution was reportedly criticized by the
Judge for presenting a weak case.
Recent years witnessed significant judicial intervention in
order to mitigate the plight of juvenile offenders. In the case
of State vs. Md. Roushan Mondal elias Hashem30, the higher
judiciary was dismayed over the way the lower courts deal
with juvenile offenders. The higher court emphasised that
young offenders should be at all times kept separate from
the adult offenders from the time of their apprehension,
during the trial and during confinement. Having considered
relevant international instruments on child rights and
juvenile justice, the court observed that the thrust of the
International Declaration, Rules, Covenants and other
instruments is towards the reformation and rehabilitation of
youthful offenders and for the establishment of facilities for
proper education and upbringing of youth. In the event that
29
Section 31 of Prevention of Oppression of Women and Children Act, 2000- “If at
any stage of the trial of an offence under this Act, the Tribunal thinks that any
woman or child is needed to be kept in safe custody, the tribunal can direct to
keep the women or the child, out of the jail and under the custody of a
Government authority determined by the Government for this purpose or
under the custody of a person or organization whom the tribunal thinks
proper.”
30
26 BLD (HCD) 2006
46