Published : 12 Aug 2026, 10:28 PM
Updated : 08 Sep 2026, 09:32 AM
The High Court's verdict, which upheld the death sentence of a convict in the rape and murder case of a child in Sherpur even after his death in prison, has finally been withdrawn.
The High Court has also declared the proceedings in the case closed.
The accused, named Kanti Marak, died in Kashimpur Jail in Gazipur almost five years before the verdict was announced. He was the only accused in the case.
However, on Jul 1, a High Court bench of Justice Bhishmadev Chakrabortty and Justice KM Rasheduzzaman Raja, after two days of hearings on the appeal and death reference, upheld Kanti’s death sentence by the trial court.
On Wednesday, this special bench of the High Court withdrew the verdict and declared the ongoing death reference and appeal proceedings against him closed due to the death of the accused.
State lawyer Imam Hossain Tareq told bdnews24.com that after receiving the official death certificate, the state filed an application with the High Court today seeking the withdrawal of the unsigned verdict and the closure of the case.
He said, "Since the court was not aware of the death of Kanti Marak, the verdict was initially upheld. When the information about his death was officially brought to the court's attention, the previous verdict was withdrawn and the case was declared closed."
According to the case file, the child -- a resident of Nalitabari Thana in the Sherpur district – was allegedly raped and killed on Mar 30, 2013. The girl had gone missing that afternoon. At one stage of the search, blood-stained shorts were found on the floor of the house of Kanti, a neighbour. Later, the child's body was recovered from an irrigation drain next to the accused's house.
The deceased child's grandfather filed a case against Kanti under the Women and Child Repression Prevention Act at Nalitabari Police Station, accusing him of rape and murder.
After his arrest, Kanti confessed to the crime and gave a statement in court.
The trial concluded in 2019 and Kanti was sentenced. The death reference was then sent to the High Court that year.
Kashimpur Prison authorities confirmed Kanti had died on Jan 16, 2021.
State lawyer Tareq said a state-appointed lawyer was also present on behalf of Kanti at the High Court hearing.
After listening to both sides, the court accepted the death reference and upheld his death sentence.
Kanti’s death became public after news of the death reference hearing spread. Then the state formally brought the matter to the court's attention.
Tareq said that the court could not withdraw the previous verdict based only on the information published in the news because this was a death reference case and the death of the accused needed to be officially confirmed.
The state then wrote to the jailer of Kashimpur Prison asking for the date, cause and related documents of Kanti's death.
The prison authorities eventually sent a death certificate along with an official letter, confirming the death.
What is in the Death Certificate?
Detailed information about Kanti's death was found in a letter from Kashimpur Central Prison.
The letter sent from the prison on Jul 28 said, "Kanti Marak suddenly fell unconscious on the morning of the 16th of January, 2021. Later, he was sent to Shaheed Tajuddin Ahmed Medical College Hospital in Gazipur. The doctor on duty declared him dead at around 8am."
A copy of Kanti Marak's death certificate has also been attached to the letter. The death certificate lists “brought dead” (death before being brought to the hospital or doctor) as the cause of death.
How the Verdict was Withdrawn
State lawyer Tareq said in light of Section 431 of the Criminal Procedure Code, the ongoing criminal proceedings against the accused also end with his death.
He said that since Kanti died in 2021, there was no opportunity to continue the criminal proceedings against him from that time, but the court was not informed of his death at the time.
Pointing out that the verdict given by the High Court had not yet been signed by the judges, he said that as a result, it was within the jurisdiction of the court and the court was able to withdraw it.
