Following on from the previous day, in the Azad trial, the prosecution continued its closing arguments. Below are a summary of the arguments.
Prosecution: Charge-5- in respect of charge-5 I have given 2 witnesses P.W.-13 and P.W.-14. In cross witnesses confirmed that they had recognized Bachchu Razakar. Sova Rani and Debi Rani’s statement had been recorded. That time they were minority that’s why they could not initiate any case.
Chairman Justice Obaidul Hasan: Do you think now it is under any limitation?
Prosecution: There is no limitation under the ICT Act.
Judge Shahinur Islam: You will make legal argument regarding this issue.
Prosecution: Thus my Lord, both witnesses are direct witness. Actual sexual violence cannot be possible to seen. Victims were taken away in to the House. Then after both witnesses are being seen in which situation then it was confirmed that they were raped by perpetrator. After that, victim also said this. exhibit-3 is documentary evidence.
Proseuction: Charge-6- in respect of charge-6 I have given 3 witnesses P.W.-2, P.W.-4 and P.W.-9.
P.W.-2, Josna Rani Debnath; prosecution read out her statement and cross examination.
Prosecution: In both, she confirmed that she had recognized Bachchu Razakar and Badol Debnath was killed by Bachchu Razakar. This witness is corroborated by P.W.-4.
P.W.-4 prosecution read out his statement and cross examination.
Prosecution: In both he confirmed that, he had recognized the Bachchu Razakar and confirmed he saw the incident and many other people also saw the incident.
P.W.-9; Nogen Kumar Mondal, prosecution read out his statement from chief and crosses.
Prosecution: In cross he confirmed that, I had recognized him from before the independence.
Judge Shahinur Islam: what is your argument on the basis of I hear he was Razakar but did not see.
Prosecution: That time it was quite normal he heard not saw. My Lord, he also confirmed that in his cross he was there at the time of the incident. Thus my lord, by 3 witnesses it is confirmed to prove this charge. They all direct witness and confirmed Bachchu had committed such crime.
Proseuction: in respect of charge-7 I have given 4 witnesses P.W.-17, P.W.-19, P.W.-20 and P.W.-16. P.W.-17 witness himself victim,The next day's hearing on this case
Judge Shahinur Islam: he narrated the fact but how does he indicate accused with them?
P.C.: Prosecutor read his statement from his chief.
Judge Shahinur Islam: We found from his statement accused accompanied not principal offender.
P.W.-19 Prosecution read out his statement from his chief.
Prosecution: it is mentioned that, he himself saw Bachchu killed his father. My Lord in both witnesses it is confirmed that Bachchu was present with gang and it is corroborated to each other.
P.W.-20 Prosecution read out his statement from his chief,
Prosecution: My lord, it is hearsay evidence.
Judge Shahinur Islam: However we take his testimony as because he is hearsay. What is your argument?
Proseuction: My Lord, it was natural to see the incidents.
P.W.-16 Prosecution read out his statement from his chief.
Prosecution: My Lord he is hearsay of 1st incident and 2nd incident he is direct witness.
In his cross he confirmed that he had recognized Bachchu Razakar. We have succeeded to prove the genocide.
Tribunal: You must have been proving element of the genocide.
P.C.: Read out the genocide definition.
Judge Shahinur Islam: How it can be inferred 7/8 people killed and burnt house that is not Genocide, you have to satisfy this.
Charge-8 (confinement and torture)
Prosecution: in respect of charge-8 I have given 3 witnesses P.W.-11, P.W.-12, and P.W.-16.
P.W.-11 Prosecution read out his statement from his chief.
Prosecution: In cross he has confirmed that he had recognized Bachchu Razakar. My Lord, PW.11 made witness related to charge.
P.W.-12 Rowshan Ali Biswas.
Prosecution: He is also direct witness; he saw Anjali had taken away by Bachchu Razakar. He confirmed that, he had recognized the Bachchu Razakar. He had confirmed by his cross-examine he was present that place. This witness is corroborated by P.W.-16.
P.W.-16 Prosecution read out his statement from his chief and crosses.
My Lord, I.O.-P.W.-22 Prosecution read out his statement from his chief. There material things are that, investigation found the name of Maulana Abul Kalam Azad alias Bachchu. He was a student of Faridpur Rajendra College, at first he was volunteer Razakar then after Razakar Commander by appointment and all such documents have been presented before the tribunal by I.O.