A Dhaka court yesterday sent cricketer Rubel Hossain to jail after rejecting his bail petition in a case filed on charges of raping film actress Naznin Akter Happy.
Metropolitan Magistrate Muhammad Anwar Sadat passed the order when the national team player surrendered to the court and sought bail in the case filed under the Prevention of Oppression Against Women and Children Act.
The court also asked the investigating authorities to submit the probe report on January 11.
Rubel’s counsel Barrister Moniruzzaman Asad said during the hearing that his client is one of the key players of the national team and is incidentally the accused in the case.
He said the High Court granted Rubel anticipatory bail and might allow continuation of the bail.
“The plaintiff claimed that she and Rubel got intimate on December 1 last year but Rubel was actually playing a match against Zimbabwe in Dhaka at the time. The case statement is hence false and fabricated, and the plaintiff tried to blackmail him. He is the victim of circumstances which is why his bail may be continued,” said Asad.
But Happy’s counsel Tuhin Hawlader argued that the case is under trial and the accused is a famous cricketer who could threaten the victim. “The accused might also hinder the investigation. So his bail should be rejected and he should be sent to prison.”
Happy was present in the courtroom during the hearing.
On Tuesday, the High Court rejected a writ petition filed by Happy seeking directives to remove Rubel from Bangladesh’s World Cup squad.
On December 31 last year, another metropolitan magistrate court in Dhaka granted a petition filed by Sub-Inspector Masud Pervez, the investigating officer of the case, seeking an order to carry out a DNA test to verify the authenticity of the rape allegation against Rubel.
On December 15, Rubel was granted a four-week anticipatory bail by the High Court in the case filed with Mirpur Model police station on December 13.
Doctors at Dhaka Medical College conducted a forensic test on Happy a day after she filed the case.
But the report submitted to Mirpur police on December 24 found no evidence of rape.
Police have collected some samples from Rubel’s Mirpur residence and sent those to the laboratory of the Criminal Investigation Department.
Allegation against Rubel
In the case, Happy accused Rubel of developing an affair with her by making a false promise of marriage.
She mentioned in the case statement that they had been physically intimate for the past nine months and were together as recently as December 1.
But the actress said the following day that she would withdraw the case if Rubel married her.
According to Section 9(1) of the Prevention of Oppression Against Women and Children Act 2000, whoever has sexual intercourse without lawful marriage with a woman with her consent obtained by fraud shall be said to commit rape.
The section also says whoever commits rape with a woman or a child will be punished with rigorous imprisonment for life and with fine.
Happy, who starred in Kichhu Asha Kichhu Bhalobasa, said she and Rubel first met through friends and stayed in touch on Facebook and via phone.
Rubel, 24, made his debut in international cricket in 2009 and has so far played 22 Tests, 53 ODIs and 11 Twenty20 internationals.
