Asiya rape-murder: HC upholds death sentence for Hitu Sheikh
Following the tribunal's verdict, all case documents were sent to the High Court as a death reference to confirm the death sentence.
The High Court today (31 August) upheld the death sentence of Hitu Sheikh, who was convicted in the rape and murder case of eight-year-old Asiya in Magura.
A bench of Justice Bhishmadev Chakraborty and Justice KM Rasheduzzaman Raja delivered the verdict, disposing of Hitu's appeal and the government's death reference seeking confirmation of the sentence.
With the High Court's decision, the death sentence handed down by the Magura Women and Children Repression Prevention Tribunal remains upheld.
Confession, circumstantial evidence considered
Attorney General Md Ruhul Quddus Kajol said the High Court considered Hitu Sheikh's voluntary confessional statement and circumstantial evidence while upholding the death sentence.
Speaking to reporters after the verdict, the attorney general said Asiya was visiting her sister's house when she was allegedly raped and attacked by her sister's father-in-law. After fighting for her life for seven days, she died on 13 March 2025.
He said Hitu Sheikh gave a voluntary confessional statement before the court, describing the incident and admitting responsibility. Following the trial, the lower court sentenced him to death, which was later brought before the High Court as a death reference.
The attorney general said the High Court considered DNA evidence from semen found on Hitu Sheikh's lungi as an important piece of evidence in the case.
He said Hitu admitted in his Section 164 statement that he attempted to rape the child and assaulted her. The attorney general added that the confession was voluntary as Hitu admitted his actions and sought forgiveness.
The attorney general said the court also considered testimonies from other witnesses, including a neighbour who discovered the child and her sister's situation.
HC observations on defence lawyer
The attorney general said the High Court made some observations regarding the trial proceedings.
According to him, the court observed that the defence lawyer who represented Hitu during the lower court trial could not properly perform his duties. The court said that if an experienced lawyer had represented the accused, the witnesses could have been cross-examined more effectively and the defence might have received some benefit.
However, the attorney general said the court clarified that the observation had no connection with the basis of the judgment or the reasons cited by the trial court for awarding the sentence.
Earlier proceedings
Earlier, on 25 August, the High Court deferred the delivery of its verdict on Hitu's death reference and appeal after the prosecution sought more time.
The hearing on the death reference seeking confirmation of Hitu's death sentence and his appeal began on 11 August.
Hitu Sheikh, the father-in-law of Asiya's sister and the principal accused in the case, was sentenced to death by Magura Women and Children Repression Prevention Tribunal Judge M Zahid Hasan on 17 May 2025.
In the same verdict, three other accused — Asiya's sister's husband Sajib Sheikh, Sajib's brother Ratul Sheikh and their mother Zaheda Begum — were acquitted.
Following the tribunal's verdict, all case documents were sent to the High Court as a death reference for confirmation of the sentence.
How the child died
According to case documents, Asiya was raped and sexually assaulted in early March 2025 while visiting her sister's in-laws' home in Nijnanduali village of Magura.
She was first taken to a hospital in Magura and later shifted to a hospital in Faridpur as her condition deteriorated. She was later admitted to Dhaka Medical College Hospital and then to Combined Military Hospital (CMH) in Dhaka.
She died while undergoing treatment on 13 March 2025.
Following several brutal incidents of violence against women and children, Chief Justice Zubayer Rahman Chowdhury formed a special High Court bench on 10 June 2026 to prioritise the disposal of death references and appeals arising from cases filed under the Women and Children Repression Prevention Act.
