Abstract"We have recorded our reasoned finding that the criminal acts forming part of systematic attack constituted the offence of ‘genocide’ and ‘genocidal rape’ and the accused Md. Hussain not only accompanied the group of attackers but culpably and actively participated and facilitated the attack that ended in killing of 34 detained Hindu civilians. It is now settled that the gravity of the crimes committed by the convicted person stems from the degree of his participation in the crimes. The offences as listed in this charge no.04 relate to the commission of killing 34 Hindu unarmed civilians with extreme barbaric pattern and the convict accused Syed Md. Hussain alias Hossain , as found proved, was knowingly engaged and concerned even in all the phases of the attack including the phase of killing the abductees captured forcibly. The assistance the convict accused Syed Md. Hussain alias Hossain provided to the Pakistani army men and his accomplices had a “substantial effect” on the commission of the crime of sexual invasion. This convict accused had thus acted as accessory to the principals in committing the event of rape, in conjunction with the attack at village Dampara [as listed in charge no.04], it stands proved beyond reasonable doubt."
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Entry Type : Case Law, ICT-BD Judgments and Orders
Uploaded By : Rayhan Rashid
Upload date : Wednesday, 19 April 2017