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

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