The judgment came in the death reference case of 14-year-old Raushan Mondol alias Hashem. He was charged with rape and murder and sentenced to death by the Women and Children Repression Prevention Tribunal, Jhenidah.

The HC division bench of Justice Md Iman Ali and Justice AKM Fazlur Rahman also declared the trial by the Jhenidah court void ab initio, thereby setting aside its judgment.

The bench further said that no circumstantial evidence could be found to connect the child accused of the offence and the confessional statement taken in police custody is also not voluntary.

However, as no further evidence can be derived from the case it will be futile to send the case back for fresh trial by the appropriate juvenile court.

According to the HC judgment, the Children Act, 1974 has an overriding effect to try all offences where children are accused. In any case, the question of jurisdiction of offence is secondary to the question of jurisdiction of person. So the trial in question is without jurisdiction of the Women and Children Repression Prevention Tribunal.

It also said that this provision of trial in juvenile court under the Children Act, 1974 is a right guaranteed by the Article 28 (4) of the constitution of Bangladesh.

Advocate Shahdeen Malik stood as the Amicus Curie (friend of the court) and gave expert opinion to assist the court. Deputy Attorney General Fahima Nasrin represented the state while Advocate Abdul Jabbar was the defence lawyer.

UM Habibun Nessa, head of Programme (Protection) at Save the Children UK, in a press release said it's a landmark judgment which will establish the fact that no children should be tried in the criminal justice system or any special tribunal established under any special law.