Absence of motive demands deeper forensic
|
Absence of motive demands deeper forensic search of the evidence:
It is true that proof of motive is not necessary to sustain a conviction
but when the prosecution puts forward a specific case as to motive for the
crime, the evidence regarding the same has to be considered in order to
judge the probabilities. Proof of motive satisfies the judicial mind about
the likelihood of the authorship of the crime. In its absence, it demands
deeper forensic search of the evidence. …Md. Humayun Kabir Vs. The State,
(Criminal), 15 SCOB [2021] AD 76
Competency of a child witness to testify:
A child may be allowed to testify, if the court is satisfied that the child
is capable of understanding the question put to him and give rational
answers to the Court. Before examining a child as a witness the Court
should know his intellectual capacity by putting a few simple and ordinary
question to him and should also record a brief proceeding of the inquiry.
…Md. Humayun Kabir Vs. The State, (Criminal), 15 SCOB [2021] AD 76
The evidentiary value of extra-judicial confession depends upon the
veracity of the witnesses to whom it is made and the circumstances in which
it is made:
It is the duty of the Court to look into the surrounding circumstances and
to find whether the extra-judicial confession is not inspired by any
improper or collateral consideration or circumvention of the law suggesting
that it may not be true one. The evidentiary value of such statement
depends upon the veracity of the witnesses to whom it is made and the
circumstances in which it came to be made and actual word used by the
accused. Such statement must pass the test of reproduction of exact words,
the reason or motive of making such statement. …Md. Humayun Kabir Vs. The
State, (Criminal), 15 SCOB [2021] AD 76
When accused is entitled to benefit of doubt:
Court’s decision must rest not upon suspicion but upon legal grounds
establish by legal testimony. Mere suspicion, however, strong, cannot take
the place of proof. It is well settled principle that where on the evidence
two possibilities are open, one which goes in favour of prosecution and the
other benefits the accused, the accused is entitled to the benefit of
doubt. …Md. Humayun Kabir Vs. The State, (Criminal), 15 SCOB [2021] AD 76
....View Full Judgment
|
Md. Humayun Kabir Vs. The State, (Criminal), |
15 SCOB [2021] AD 76 |
Abscondence when material:
|
Abscondence when material:
From the materials on record we find that soon after the occurrence convict
Kalam had fled away and remained absconding during the trial and trial was
held in his absentia. Such abscondence of the accused is an incriminating
circumstances connecting him in the offence and conduct of a person in
aboscondence after commission of crime is an evidence to show that he is
concerned in the offence. …State Vs Kalam alias Abul Kalam, (Criminal), 6
SCOB [2016] HCD 43
....View Full Judgment
|
State Vs Kalam alias Abul Kalam, |
6 SCOB [2016] HCD 43 |
Admisibility of Photostat Copies of originals
|
Admisibility of Photostat Copies of originals in evidence:
It will be pertinent to mention here that in the instant case most of the
documentants exhibited by the prosecution are the Photostat Copies of
originals including exhibit 9 and 9(Ka), the confessional statements of
accused Ripon and Bipul. The defence did not rasied any objection as to the
genuineness of those documents and without any objection those were marked
as exhibits. However, the concerned persons of those documents proved the
genuineness of the same. As such, those documents are admissible in
evidence. …State & ors Vs. Mufti A. Hannan & ors, (Criminal), 9 SCOB
[2017] HCD 52
....View Full Judgment
|
State & ors Vs. Mufti A. Hannan & ors, |
9 SCOB [2017] HCD 52 |
|
Admittedly there is no eye witnesses of the occurrence and the appellant is
a nephew of the deceased having some enmity with him. Although it has been
alleged that before death Shafiqul narrated the incident to some of the
witnesses but that cannot be treated as dying declaration as it was not
properly recorded. The witnesses to whom it has been alleged that the
deceased mentioned the name of the appellant are all closely related to the
deceased. In the present case we do not find any dying declaration of the
deceased and it is evident from record that the deceased told about the
occurrence by the appellant committed on him in the operation theater,
which is not free from all doubt. Most of the witnesses deposed that they
have heard from P.W.5 Md. Jabed but P.W.5 is not an eye witness and in his
deposition he did not make any such statement as to connect the appellant
directly. …Md. Joynal Vs. State, (Criminal), 11 SCOB [2019] HCD 4
....View Full Judgment
|
Md. Joynal Vs. State, (Criminal) |
11 SCOB [2019] HCD 4 |
Acquittal:––
|
Acquittal:–– Discharge cannot be taken as acquittal–– The
misappropriation is only Tk. 1,60,200/- committed about 34 years ago it
will be difficult on the part of prosecution to prove the charge after
splitting into ten cases. Therefore, we have taken a lenient view on the
question of retrial of the petitioner on consideration of the fact that the
petitioner has suffered in jail custody for sometime and he is not in
service. Accordingly, we set aside the conviction of the petitioner and
instead of remanding the matter, we discharge him of the case. This order
of discharge cannot be taken as acquittal and the petitioner cannot claim
reinstatement in his service on consideration of his conduct. .....Bashir
Ahmed =VS= DC, Magura, [3 LM (AD) 541]
....View Full Judgment
|
Bashir Ahmed =VS= DC, Magura, |
3 LM (AD) 541 |
Active service–
|
Active service– Active service”, as applied to a person subject to this
Act, means the time during which such person is attached to, or forms part
of a force which is engaged in operations against an enemy, or is engaged
in military operations in, or is on the line of march to, a country or
place wholly or partly occupied by an enemy, or is attached to or forms
part of a force which is in military occupation of a foreign country; (Per
Md. Tafazzul Islam, J) ...Major Md. Bazlul Huda(Artillery) =VS= The
State(Banga Bandhu Murder Case), [9 LM (AD) 386]
....View Full Judgment
|
Major Md. Bazlul Huda(Artillery) =VS= The State(Banga Bandhu Murder Case), |
9 LM (AD) 386 |
Aggravating and Mitigating Circumstances–
|
Aggravating and Mitigating Circumstances– The 1991 Act placed these
pre-existing practices on statutory foundation. English judiciary has
treated (a) offences by groups or gang, (b) offences against young, elderly
or otherwise vulnerable victims, (c) offences involving the abuse of trust
or authority, (d) offences involving planning or organisation, (e) offences
involving political murder or attempted murder or terrorism oriented
offences (Al-Banna, re-Hindwai, supra), as aggravating offences.
Greater culpability is the answer where the offender commits an offence
against a vulnerable victim such as an old, very young, disabled etc (re:
Allen and Bennet 1988 10 Cr. App. R. (S) 466).
The Floud Committee included grave harm to justify additional imprisonment
in such offences which lead to death, serious bodily injury, serious sexual
assault, severe or prolonged pain or mental distress, (Floud and Young 1981
P 118-119).
In re-Fowcet (1995 16 Cr. App. R (S) 55) the Court of Appeal observed that
some factors, such as irrationality of the behaviour, the selection of
vulnerable persons or a particular class of person or target, unusual
obsession or delusions, will naturally assume prominence.
In 1993 Practice Direction, the Lord Chief Justice stated that Judges
should specify the period to be served in all but very exceptional cases
which are so serious that the Judge believes that the offender should be
detained for his natural life (1993 96 Cr. App. R 397).
In the UK notion of general deterrence, which is different from individual
deterrence, is often invoked to justify severe sentence for crimes of high
seriousness. (Paras: 869-873); .....Allama Delwar Hossain Sayedee =VS=
Government of Bangladesh, [2 LM (AD) 76]
....View Full Judgment
|
Allama Delwar Hossain Sayedee =VS= Government of Bangladesh, |
2 LM (AD) 76 |
Alibi––
|
Alibi–– Mr. Shajahan’s emphasis on this aspect of defence case was
quite fervent. The reason for Mr. Shajahan’s tooth and nail effort is
understandable. If it stood proved that the appellant remained away from
Pirojpur until July 71, as the alibi witnesses claimed, he can not be
guilty of any of the charges, as all the alleged offences took place in May
’71.
Although the standard of proof for the prosecution is “beyond reasonable
doubt”, pleas, taken by the defence, including the plea of alibi, is
generally to be proved with civil standard i.e. with preponderance of
probability. To substantiate his claimed absence from Pirojpur and
transient stay in Jessore upto mid July ‘71, the appellant (as accused)
examined some five witnesses namely D.Ws. 4, 6, 8, 12 and 14. He also
relied on some documents in this regard. (Paras-800 & 801); .....Allama
Delwar Hossain Sayedee =VS= Government of Bangladesh, [2 LM (AD) 76]
....View Full Judgment
|
Allama Delwar Hossain Sayedee =VS= Government of Bangladesh, |
2 LM (AD) 76 |
Alibi––
|
Alibi–– Mr. Shajahan’s emphasis on this aspect of defence case was
quite fervent. The reason for Mr. Shajahan’s tooth and nail effort is
understandable. If it stood proved that the appellant remained away from
Pirojpur until July 71, as the alibi witnesses claimed, he can not be
guilty of any of the charges, as all the alleged offences took place in May
’71.
Although the standard of proof for the prosecution is “beyond reasonable
doubt”, pleas, taken by the defence, including the plea of alibi, is
generally to be proved with civil standard i.e. with preponderance of
probability. To substantiate his claimed absence from Pirojpur and
transient stay in Jessore upto mid July ‘71, the appellant (as accused)
examined some five witnesses namely D.Ws. 4, 6, 8, 12 and 14. He also
relied on some documents in this regard. (Paras-800 & 801); .....Allama
Delwar Hossain Sayedee =VS= Government of Bangladesh, [2 LM (AD) 76]
....View Full Judgment
|
Allama Delwar Hossain Sayedee =VS= Government of Bangladesh, |
2 LM (AD) 76 |
The Appellate Court’s jurisdiction
|
The Appellate Court’s jurisdiction is co-extensive with that of the trial
court:
The Appellate Court’s jurisdiction is co-extensive with that of the trial
court in the matter of assessment, appraisal and appreciation of the
evidence and also to determine the disputed issues. ...The State Vs. Nurul
Amin Baitha and anr, (Criminal), 18 SCOB [2023] AD 1
....View Full Judgment
|
The State Vs. Nurul Amin Baitha and anr |
18 SCOB [2023] AD 1 |
Alphabetically serial
|
Acquittal:–– Discharge cannot be taken as acquittal–– The
misappropriation is only Tk. 1,60,200/- committed about 34 years ago it
will be difficult on the part of prosecution to prove the charge after
splitting into ten cases. Therefore, we have taken a lenient view on the
question of retrial of the petitioner on consideration of the fact that the
petitioner has suffered in jail custody for sometime and he is not in
service. Accordingly, we set aside the conviction of the petitioner and
instead of remanding the matter, we discharge him of the case. This order
of discharge cannot be taken as acquittal and the petitioner cannot claim
reinstatement in his service on consideration of his conduct. .....Bashir
Ahmed =VS= DC, Magura, [3 LM (AD) 541]
Active service– Active service”, as applied to a person subject to this
Act, means the time during which such person is attached to, or forms part
of a force which is engaged in operations against an enemy, or is engaged
in military operations in, or is on the line of march to, a country or
place wholly or partly occupied by an enemy, or is attached to or forms
part of a force which is in military occupation of a foreign country; (Per
Md. Tafazzul Islam, J) ...Major Md. Bazlul Huda(Artillery) =VS= The
State(Banga Bandhu Murder Case), [9 LM (AD) 386]
Aggravating and Mitigating Circumstances– The 1991 Act placed these
pre-existing practices on statutory foundation. English judiciary has
treated (a) offences by groups or gang, (b) offences against young, elderly
or otherwise vulnerable victims, (c) offences involving the abuse of trust
or authority, (d) offences involving planning or organisation, (e) offences
involving political murder or attempted murder or terrorism oriented
offences (Al-Banna, re-Hindwai, supra), as aggravating offences.
Greater culpability is the answer where the offender commits an offence
against a vulnerable victim such as an old, very young, disabled etc (re:
Allen and Bennet 1988 10 Cr. App. R. (S) 466).
The Floud Committee included grave harm to justify additional imprisonment
in such offences which lead to death, serious bodily injury, serious sexual
assault, severe or prolonged pain or mental distress, (Floud and Young 1981
P 118-119).
In re-Fowcet (1995 16 Cr. App. R (S) 55) the Court of Appeal observed that
some factors, such as irrationality of the behaviour, the selection of
vulnerable persons or a particular class of person or target, unusual
obsession or delusions, will naturally assume prominence.
In 1993 Practice Direction, the Lord Chief Justice stated that Judges
should specify the period to be served in all but very exceptional cases
which are so serious that the Judge believes that the offender should be
detained for his natural life (1993 96 Cr. App. R 397).
In the UK notion of general deterrence, which is different from individual
deterrence, is often invoked to justify severe sentence for crimes of high
seriousness. (Paras: 869-873); .....Allama Delwar Hossain Sayedee =VS=
Government of Bangladesh, [2 LM (AD) 76]
Alibi–– Mr. Shajahan’s emphasis on this aspect of defence case was
quite fervent. The reason for Mr. Shajahan’s tooth and nail effort is
understandable. If it stood proved that the appellant remained away from
Pirojpur until July 71, as the alibi witnesses claimed, he can not be
guilty of any of the charges, as all the alleged offences took place in May
’71.
Although the standard of proof for the prosecution is “beyond reasonable
doubt”, pleas, taken by the defence, including the plea of alibi, is
generally to be proved with civil standard i.e. with preponderance of
probability. To substantiate his claimed absence from Pirojpur and
transient stay in Jessore upto mid July ‘71, the appellant (as accused)
examined some five witnesses namely D.Ws. 4, 6, 8, 12 and 14. He also
relied on some documents in this regard. (Paras-800 & 801); .....Allama
Delwar Hossain Sayedee =VS= Government of Bangladesh, [2 LM (AD) 76]
Benefit of doubt–– Accused is entitled to the benefit of doubt–– It
is well settled principle that where on the evidence two possibilities are
open, one which goes in favour of prosecution and the other benefits the
accused, the accused is entitled to the benefit of doubt. We are of the
view that the prosecution has not been able to prove its case beyond all
shadow of doubt against the appellant, so the appellant is entitled to get
benefit of doubt. Accordingly, we find substance in the appeal. The
appellant Humayun Kabir, son of Liakatulla, of village- Newrain, Police
Station Laksham, District Comilla is acquitted on the charge. ...Humayun
Kabir(Md.) =VS= The State, [10 LM (AD) 619]
Benefit of doubt–– In Md. Ibrahim Hossain –Vs- The State ( 14 BLD
(AD) 253), the Appellate Division emphasised that benefit of doubt can not
be given for minor omissions. (Para-761); .....Allama Delwar Hossain
Sayedee =VS= Government of Bangladesh, [2 LM (AD) 76]
Capital punishment–– While it is true that many countries have
abolished death sentence, the position as it stands today, is that capital
punishment prevails in as many as 55(fifty five) countries and 7(seven)
countries retain death sentence for exceptional cases. (Source: Amnesty
International and Penal Reform International). Countries that retain
capital sentence, include the largest democracy, i.e. India, and 33
component States of the United States of America. Some countries, such as
Malaysia, Singapore, Saudi Arabia, Trinidad and Tobago retain mandatory
death sentence for murder, while some 13 (thirteen) countries prescribe
mandatory death sentence for drug trafficking, while 33 (thirty three)
countries have death as an alternative sentence for the said offence.
(Penal Reform International). (Para-29); .....Ali Ahsan Muhammad Mujahid
=VS= The Government of Bangladesh, [2 LM (AD) 65]
Capital sentence–– The Court is bound to award capital sentence– When
it is found from the evidence that the death was intentional, the accused
used deadly weapon, the incident of murder is gruesome, barbaric and
motivated, and there is no extenuating circumstance to award the minimum
sentence, the court is bound to award capital sentence. Besides, in the
present incident nobody had the opportunity ever to remotely imagine the
amount of such ghastly incident. .....Ataur Mridha =VS= The State, [3 LM
(AD) 513]
Cognizable offence:–– A complaint of a cognizable offence–– A
complaint of a cognizable offence recorded by a Magistrate and sent by him
to the police for investigation and report is sufficient information
justifying arrest under section 54 of the Code. Similarly, information
that a warrant of arrest has been issued against a person in respect of a
cognizable offence, may justify action being taken under the said section.
Where, from a report of a Chowkider that certain persons were dacoits the
police officer called them to surrender, but the latter resisted and fired
shots at the officer, the latter was justified in arresting those persons.
.....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM (AD) 274]
Cognizable offence:–– Reasonable complaint or suspicion must depend
upon the circumstances of each particular case–– Where a police officer
suspecting that certain pieces of cloth which a man was carrying early
morning, was stolen property, went to him and questioned him and having
received unsatisfactory answers, arrested him, he was entitled to arrest
him because reasonable suspicion exists of his being concerned of a
cognizable offence. Where a person was found armed lurking at midnight in a
village inhabited by persons well known to the police as professional
dacoits, there was a reasonable suspicion against the person of his being
concerned in a cognizable offence. But this does not mean that the police
are limited only by their own discretion as to what persons they may arrest
without warrant. Their powers in this respect are strictly defined by the
Code. In order to act under the first clause, there must be a reasonable
complaint or reasonable suspicion of the person to be arrested having been
concerned in a cognizable offence. What is a ‘reasonable’ complaint or
suspicion must depend upon the circumstances of each particular case; but
it should be at least founded on some definite fact tending to throw
suspicion on the person arrested, and not on a mere vague surmise.
.....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM (AD) 274]
Cognizance of offence:–– Cognizance of offence by a courts of
session–– The Indian provision is a bit different from ours. The Indian
provision reads as under:
“Cognizance of offence by a courts of session –Except as otherwise
expressly provided by this court or by any other law for the time being
enforce, no court of session shall take cognizance of any offence as a
court of original jurisdiction unless the case has been committed to it by
a magistrate under this court”. .....Mufti Abdul Hannan Munshi =VS= The
State, [3 LM (AD) 566]
Confession:–– Confession is taken to be true, voluntary and inculpatory
in nature, a conviction can be given against the maker–– The
confessions have been corroborated by circumstantial evidence proved by the
witnesses. Even if there is no corroborating evidence, if a confession is
taken to be true, voluntary and inculpatory in nature, a conviction can be
given against the maker of the statement relying upon it subject to the
conditions mentioned above. .....Mufti Abdul Hannan Munshi =VS= The State,
[3 LM (AD) 566]
Confidential document–– It is however, to be noted that the case diary
is a confidential document. So, it may not be claimed by the accused person
at any time for the purpose of assessing and scrutinizing its entries. A
criminal court is free to ask for the case diary at any stage of the
proceedings. But, the case diary cannot be used as evidence in the trial.
.....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM (AD) 274]
Court of appeal:–– Normally Supreme Court does not reassess of the
evidence–– Normally Appellate Division does not interfere with the
judgment of the High Court Division on appeal if it is found that the
judgment is based on proper appreciation of the evidence. It cannot
reassess the evidence afresh as a court of appeal to examine whether or not
the High Court Division has properly appreciated the evidence. .....Md.
Akram =VS= The State, [1 LM (AD) 581]
Credible information–– There was no provision in the Codes of 1861 and
1872, enabling an arrest without warrant on credible information as to the
person to be arrested being concerned in a cognizable offence. Such a
provision was introduced for the first time in the Code of 1882. The words
“credible information” include any information which, in the judgment
of the officer to whom it is given appears entitled to credit in the
particular instance. It need not be sworn information. The words
“credible” and “reasonable” have reference to the mind of the
person receiving the information. A bare assertion without anything more
cannot form the material for the exercise of an independent judgment and
will not therefore amount to “credible information”. The “reasonable
suspicion” and “credible information” must relate to definite
averments which must be considered by the police officer himself before he
arrests a person under this section. .....Ministry of Law, Justice & Parl.
Afrs. =VS= BLAST, [3 LM (AD) 274]
Criminal misconduct–– A criminal misconduct is said to have been
committed by a public servant, if he accepts or obtains or agrees to obtain
or attempts to obtain for himself or for any other person in gratification.
.....RAJUK =VS=Manzur Ahmed & Others, [1 LM (AD) 1]
Criticism Judgment–– There is no wrong in critiquing a judgement once
it is finally published. However, it must be borne in mind that
deliberations during the course of any hearing may not be subjected to
analysis or criticism since such comments in a sub judice matter might be
prejudicial and taint the mind of the public before the judgement is
pronounced. .....The State =VS= Adv. Md. Qamrul Islam, M.P & another, [1 LM
(AD) 28]
Delay–– Delay by itself in the execution of sentence of death is by no
means an extenuating circumstances for commuting the sentence of death to
imprisonment for life. There must be other circumstances of a compelling
nature which together with delay will merit such commutation. We find no
compelling extenuating circumstances in this case and therefore, find no
ground whatsoever to interfere.” (Per Md. Tafazzul Islam, J) ...Major Md.
Bazlul Huda (Artillery)=VS=The State (Banga Bandhu Murder Case), [9 LM (AD)
386]
Delay–– As regards the delay, this Court in the original judgment
observed that mere delay in filing a case is not a ground for disbelieving
the case. ...Major Md. Bazlul Huda (Artillery) =VS= The State, [10 LM (AD)
581]
Death Penalty:–– Abolition of Death Penalty is not Possible–– Our
social conditions, social and cultural values are completely different from
those of western countries. Our criminal law and jurisprudence have
developed highlighting the social conditions and cultural values. The
European Union has abolished death penalty in the context of their social
conditions and values, but we cannot totally abolish a sentence of death in
our country because the killing of women for dowry, abduction of women for
prostitution, the abduction of children for trafficking are so rampant
which are totally foreign to those developed countries. .....BLAST & others
=VS= Bangladesh & others, [1 LM (AD) 286]
Death Penalty:–– A law which is not consistent with notions of fairness
and provides an irreversible penalty of death is repugnant to the concepts
of human rights and values, and safety and security. .....BLAST & others
=VS= Bangladesh & others, [1 LM (AD) 286]
DGFI:–– Responsibility of Directorate General of Forces Intelligence
(DGFI)–– An officer of DGFI who has sworn affidavit has also admitted
impliedly that the money have been extorted by an officer of DGFI, but
according to him, he has acted access of power for which the DGFI shall not
take any responsibility. This statement belies the documents submitted by
Bangladesh Bank. This force cannot deny its responsibility in view of the
fact that after collection of the pay orders the officer communicated his
action to its chief. It is claimed by the writ petitioners and also by the
learned Counsel that the businessmen have been compelled to attend at a
specified office under its control. They were kept sitting from dawn to
dusk for days together and sometimes detained there without furnishing any
information to their near ones. It was not possible to act as such on the
part of one officer without knowledge and concurrence of the authority on
consideration of the fact that it was not an isolated incident, rather the
arrest, detention and torture both physically and mentally were carried out
for days together against dignified and resourceful persons. It was a
concerted effort on the part of this agency is beyond reprehensible. Those
actions were taken openly and freely, and the same need not be proved.
.....Bangladesh Bank=VS=East West Property Developments (Pvt.) Ltd., [3 LM
(AD) 106]
Discretion:–– A provision of law which deprives the court to use of its
beneficent discretion in a matter of life and death, without regard to the
circumstances in which the offence was committed and, therefore without
regard to the gravity of the offence cannot but be regarded as harsh,
unfair and oppressive. The legislature cannot make relevant circumstances
irrelevant, deprive the court of its legitimate jurisdiction to exercise
its discretion not to impose death sentence in appropriate cases.
Determination of appropriate measures of punishment is judicial and not
executive functions. The court will enunciate the relevant facts to be
considered and weight to be given to them having regard to the situation of
the case. Therefore we have no hesitation in holding the view that these
provisions are against the fundamental tenets of our Constitution, and
therefore, ultra vires the Constitution and accordingly they are declared
void. .....BLAST & others =VS= Bangladesh & others, [1 LM (AD) 286]
Duty of the Court–– It is the duty of the Court to award proper
sentence having regard to the nature of the offence and depending upon the
degree of criminality, the manner in which it was committed and all
attended circumstances. The occurrences of killing of intellectuals were
committed with the extremely cruel and beastly manner which demonstrated
index of the depraved character of the perpetrators. It will be a mockery
of justice to permit the accused to escape the extreme penalty of law when
faced with such evidence and such cruel acts. The Judges are carrying out
the duty under the Law. The sentence awarded by the Tribunal for
intellectuals killings is not disproportionate in view of the nature of
charge and evidence adduced. (Para-231); .....Ali Ahsan Muhammad Mujahid
=VS= The Chief Prosecutor, ICT, Dhaka, [2 LM (AD) 1]
Imprisonment for life–– A death may be commuted to imprisonment for
life–– On the following grounds:-
(a) The condemned-prisoner has no significant history of prior criminal
activity.
(b) Youth of the condemned-prisoner at the time of commission of the
offence.
(c) The condemned-prisoner would not be likely to commit acts of violence
if released.
(d) Confinement of the condemned-prisoner in the condemned cell from
09.06.2005 till date i.e. for more than 7 years during which period the
sword of death has been hanging on his head. .....BLAST & another =VS=
Bangladesh & others, [1 LM (AD) 353]
Imprisonment for life–– Five heads, namely, i) the motive for killing
the deceased; ii) last seen theory; iii) recovery of the dead body
in a gunny sack together with clothes and a knife; iv) the fact
that the two accused persons, who were stated to be brothers, were
absconding after the incident and v) the fact that Accused No.2 gave false
information. The Sessions Court, on a combination of the aforesaid five
factors, ultimately held the two accused guilty of murder and sentenced
them to imprisonment for life. There were at least eight factors
which led this Court to set aside the judgment passed by the Division
Bench of the Andhra Pradesh High Court, on the ground that cumulatively all
eight factors would lead to the conclusion that the High Court
judgment was perverse. .....Parasa Koteswararao =VS= Eede Sree Hari, [3 LM
(SC) 68]
Incumbit probatio qui decit, non qui negat–– means:– The burden of
proving a fact rests on the party who substantially asserts the affirmative
of the issue and not upon the party who denies it; for a negative is
usually incapable of proof.
The Appellate Division held that the strong admission being corroborated by
documentary evidence, it can be inferred beyond reasonable doubt that the
accused was present in Chittagong during the relevant time of occurrences
and hence, the plea of alibi taken by the defence is concocted, false and
not believable. Since the defence admitted the presence of accused at the
crime sites, the prosecution has been able to prove as to whether the
accused was involved in those incidents. (Para-127); .....Salauddin Quader
Chowdhury =VS= The Chief Prosecutor, ICT, Dhaka, [2 LM (AD) 511]
Individual Culpability–– While offence seriousness is one of the
elements of proportionality, culpability of the individual offender is the
other principal dimension of offence seriousness. Von Hirsch expressed harm
and individual culpability as under;
“Harm refers to the injury done or risked by the criminal act.
Culpability refers to the factors of intent, motive and circumstances that
determines how much the offender should be held accountable for his act.
Culpability, in turns, affects the assessment of harm. The consequences
that should be considered in ganging the harmfulness of an act should be
those that can fairly be attributed to the actors choice” (Von Hirsch
1986 P-64-65). (Para-867); .....Allama Delwar Hossain Sayedee =VS=
Government of Bangladesh, [2 LM (AD) 76]
Investigation officers–– The investigation officers do not have any
discretion to take decision as to whether he will or will not record the
events during investigation in the case diary. This is a compulsory
statutory duty for every officer to record all the events in the case
diary. This is the duty of the Officer-in-Charge to make sure that officers
subordinate to him shall record necessary entries in the case diary
properly. A case diary is an indicator how good and intellectual a police
officer is. .....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM
(AD) 274]
Justice–– What is justice–– What is justice? How is justice related
to law? According to Lucas (1980: 3), justice “differs from benevolence,
generosity, gratitude, friendship, and compassion”. It is not something
for which we should feel grateful, but rather, something upon which we have
a right to insist. According to Plato, Justice consists of maintaining the
societal status quo. Justice is one of four civic virtues, the others being
wisdom, temperance, and courage. In an ordered state, everyone performs his
or her role and, does not interfere with others. Each person’s role is
the one for which the individual is best fitted by nature; thus, natural
law is upheld. Aristotle believed that Justice exists in the law and that
the law is “the unwritten custom of all or the majority of men which
draws a distinction between what is honourable and what is base”. The
concept of impartiality is at the core of our system of criminal justice.
(Per S. K. Sinha, J) ...Major Md. Bazlul Huda(Artillery)=VS=The State(Banga
Bandhu Murder Case), [9 LM (AD) 386]
Mass killing–– It was not at all necessary when the charge involve
hundreds of victims. (Majority view), (Per Mr. Justice Hasan Foez
Siddique). ...A.T.M. Azharul Islam =VS= Chief Prosecutor, ICT, Bangladesh,
[9 LM (AD) 593]
Mens rea–– Another Law point agitated by Mr. Razzak is on mens rea.
The following observation of Smith & Hogan negatives Mr. Razzak’s
complaint that the principle of mens rea was not applied by the Tribunal,
“Everyone agrees that a person intends to cause a result if he acts with
the purpose of doing so. If D has resolved to kill P and fires a loaded gun
at him with an object of doing so, he intends to kill. It is immaterial
that he is aware that he is a poor shot, that P is nearly out of range, and
that his chances of success are small. It is sufficient that killing is his
object or purpose, that he wants to kill, that he acts in order to kill”.
(Page 70, Tenth Edition Criminal Law: Smith & Hogan). In Moloney (1985, AC,
905) the House of Lords held that the mens rea of murder is intention to
cause death or serious bodily harm. So, it was essential to determine the
meaning of intention. Moloney must be read in the light of the explanation
of it by the House in Hancock and Shankland 1986, AC, 455, the Court of
Appeal in Nedrick and by the House in Woollin. When it is so read it
appears that (1) a result is intended when it is the actor’s purpose to
cause it, (2) a court or jury may also find that a result is intended,
though it is not the actor’s purpose to cause it, when- (a) the result is
virtually certain consequence of that act, and (b) the actor knows that it
is a virtually certain consequence”.
In order to establish that an accused possesses the requisite mens rea for
instigating a crime, it must be shown that the accused directly or
indirectly intended that the crime in question be committed and that the
accused intended to provoke or induce the commission of the Crime, or was
aware of the substantial likelihood that the Commission of the Crime would
be a probable consequence of his acts (Prosecutor –vs-Muvunyi, Prosecutor
–vs- linaj etal) Archbold Page-855.
Mind of a person cannot be read and hence mens rea is only to be assessed
from the attending facts and circumstances and also from the nature of the
actus reas. In this case there are ample evidence to substantiate the
allegation that the Appellant had mens rea of aiding and abetting as well
for committing the offences by himself.
On the Appellant’s participation in the offences at the dwelling of
Hazrat Ali, the Privy Council’s decision in Barendra Kumar Ghosh –v-
Emperor, the infamous Post Office Case, is relevant. In that case, a gang
went to rob a post office and all except the appellant went inside the Post
Office, killed the Post Master, but the appellant stayed out with a gun to
look around. The Privy Council opined that he also would be liable of
murder, though he was outside and did not shoot. Lord Sumner, in his part
of the Councils opinion expressed, “ Even noting, as he stood outside the
door, it is to be remembered that in crimes as in other things they also
serve who only stand and wait.” (AIR 1925 1PC) (A. H. M. Shamsuddin
Choudhury, J) …Government of Bangladesh =VS= Abdul Quader Molla, [8 LM
(AD) 375]
Meticulous examination–– The Appellate Division opined that the High
Court Division, on thorough and meticulous examination and consideration of
the evidence on record and also other facts and circumstances rightly
acquitted both the accused-respondents by the impugned judgment and order.
In the circumstances this criminal petition for leave to appeal be
dismissed. .....The State =VS= Asif Khan Riyad & another, [1 LM (AD) 534]
Modesty–– Modesty is the attribute of female sex and she possesses it
irrespective of her age. The question of infringing the modesty of a woman
is depended upon the customs and habit of the people. Acts which are
outrageous to morality would be outrageous to modesty of women. Modesty is
defined as the quality of being modest and in relation to woman, womanly
propriety of behavior, scrupulous chastity of thought, speech and conduct.
It is the reserve or sense of shame proceeding from instinctive aversion to
impure or coarse suggestions.
"Modesty" of a women is intimately connect with feminity including her sex.
.....Dr APM Sohrab-uz-zaman =VS=State, [1 LM (AD) 466]
Monoism and Dualism–– In general, two principal theories persist,
namely Monoism and Dualism on this point. Judiciary of the countries that
follow Monoism subscribe to the view that International law and Municipal
Law are concomitant aspects of the one (mono) system of law in general,
while the judiciary in those countries that adhere to the Dualism, stick to
the norm that international and municipal laws represent two diametrically
distinct legal (dual) systems, international law having an intrinsically
different character from that of municipal law. (J G Starke, Introduction
to International law, page 72). Hans Kelsen termed Dualism as pluralist
theory.
Dualists expound the view that rules of international law can not directly
and exproprio vigore be applied within the municipal sphere by State
courts, i.e in order to be so applied such rules must undergo a process of
“specific adoption” by or “specific incorporation” into, Municipal
Law, while Monoist believe such rules are auto-incorporated into the
municipal system. George Schwarzenberger (A Mannual of International Law,
Fourth Edition, Vol-1. Page 40), insists that the two schools hold
antithetically opposing views.
Dualist believe International and Municipal Laws are separate and
self-contained legal systems-contacts between them are possible but require
express or tacit recognition of the rules of the one legal system by the
other. (Page 41, Schwargenberger).
Dualism grew in strength in the nineteenth century with the development of
the pluralist doctrines of the sovereignty of state will, as propounded by
Hegel and those who followed him, with the emergence of the concept of
internal legal sovereignty.
Triepel, one of the pivotal advocates of Dualism expressed in his book
“Volkerrecht and Laudesrecht” 1899, that there are two fundamental
differences between the two systems;
(1) The subject of state law are individuals, while the subjects of
International Law are states solely and exclusively.
(2) Their judicial origins are different; the source of state law is the
will of the state itself, the source of International Law is the common
will of the states (Gemeinville).
Anzilati, another arch exponent of Dualism, however, held that the
difference lies in that Municipal law is conditioned by the fundamental
norm that state legislation is to be obeyed, while International Law is
conditioned by the doctrine of “pacta sunt servanda”, ie agreements
between the states are to be respected, and hence two systems are so
distinct that no conflict between the two are possible; there may be
references from the one to the other, but nothing more (di Diritto
Internazionale, 3rd edn 1928, Vol 1 page 43).
Dualists hold high primacy of state law basing the same on the theory of
the sovereignty of the state will, while the Monoists assert that all laws
belong to a single unity, composed of binding legal rules, whether those
rules are obligatory on states, on individuals, or on entities other than
states. They believe that there can be no escape from the position that the
two systems, because they are both systems of legal rules, are interwoven
parts of one legal structure. Dualists’ argument on the Primacy of
Municipal Law lies on the claim that states enjoy the very widest liberties
and exercise complete sovereignty, while Monoists say States sovereignty is
conditioned by the limits International Law imposes.
Since, according to positivists theory, International Law and Municipal Law
constitute two strictly separate and structurally different systems, the
former can not impinge upon state law unless the latter, a logically
different system, allows its constitutional machinery to be used for that
purpose. (J G Strake supra, page 76).
In the cases of treaties, rules regarding transformation of treaty into
state law, i.e. by legislative approval of the treaty, which is not merely
a formal but a substantive requirement, alone vindicates the extension to
individuals of the rules laid down in treaties.
While the US courts generally follow Monoist School, British courts draw a
distinction between. i) Customary rules of International Law on the one
hand and ii) the rules laid down by treaties, on the other.
So far as the treaties are concerned, British courts consistently and
without ambiguity follow Dualism i.e, adoption theory, stubbornly in that
they do not give effect to any treaty provision which has not been
specifically adopted domestically by legislation. So far as rules of
Customary International law are concerned, however, the scenario is
inflicted with some obscurity engendered by divergent judicial views,
finally suggesting that in case of conflict domestic law must prevail. (A.
H. M. Shamsuddin Choudhury, J) …Government of Bangladesh =VS= Abdul
Quader Molla, [8 LM (AD) 375]
Performing duty as Judge–– While affirming the award of sentence of
death, a person who used to work as Judge may not support the capital
sentence but while performing his duty as Judge he is bound by law and
fact. He is to decide the issue of awarding the sentence considering the
gravity of the offence. While affirming this sentence as a Judge we must
take into consideration the relevant laws, facts, evidence and situation of
the relevant time. (Para-32); .....Ali Ahsan Muhammad Mujahid =VS= The
Government of Bangladesh, [2 LM (AD) 65]
Plea of alibi–– Mr. Khondker Mahbub Hossain, learned Counsel appearing
on behalf of the appellant drew our attention to the issues of some
newspapers dated 08.11.1971 , 11.11.1971, 23.11.1971, 8.12.1971 and
11.12.1971 and submitted that the appellant was in Dhaka and communication
between Chittagong and Dhaka was in fact collapsed from the month of
November 1971 to 16 December, 1971. Learned Counsel failed to show any
evidence that the communication was totally disrupted at the relevant
time and that all the ways of movement from Dhaka to Chittagong were
disconnected. His submission is unacceptable in view of the documentary
evidence published in “The Dainik Azadi” on 04.12.1971. Contents of
which were: ÒAvR c~e© cvwK¯Ív‡bi Bmjvg QvÎms‡Ni mfvcwZi
PÆMªv‡g AvMgb Ó evZ©v cwi‡ekK, Ò cvwK¯Ívb Bmjvgx QvÎ ms‡Ni
c~e© cvwK¯Ív‡bi kvLvi mfvcwZ Rbve Avjx Avnmvb †gvnvg¥` gyRvnx‡`i
3 w`‡bi md‡i AvR XvKv ‡_‡K Avwmqv †cuvQv‡eb| GLv‡b
Ae¯’vbKv‡j wZwb `jxq Kgx©‡`i Ges ivR‰bwZK
†bZ„e„›`‡`i mwnZ †`‡ki eZ©gvb cwiw¯’wZ m¤ú‡K©
Av‡jvPbv Ki‡eb Ges myax mgv‡e‡k e³„Zv Kwi‡eb ewjqv GK
†cªm wiwj‡R ejv nBqv‡Q Ó |
From the aforesaid news item, the submission of Mr. Khandaker Mahbub
Hossain is devoid of substance. It is quite natural that since the
President of EP ICS went to Chittagong on 25.11.1971 after taking decision
on 24.11.1971, the appellant, who was in Charge of Chittagong Division, ICS
and former leader of Chittagong town unit, ICS and local commander of
Al-Badar Bahini would go and stay in Chittagong between 19th November,
1971 and 15 December, 1971. So the alibi, plea taken by the appellant
does not carry any force. (Paras-197 & 198); .....Mir Quasem Ali =VS= The
Chief Prosecutor, ICT, Dhaka, [2 LM (AD) 364]
Police Culture–– The “culture” of a police department reflects what
that department believes in as an organization. These beliefs are reflected
in the department’s recruiting and selection practices, policies and
procedures, training and development, and ultimately, in the actions of its
officers in law enforcement situations. Clearly, all police departments
have a culture. The key question is whether that culture has been carefully
developed or simply allowed to develop without benefit of thought or
guidance. There are police agencies, for example, where police use of force
is viewed as abnormal. Thus, when it is used, the event receives a great
deal of administrative attention. Such a response reflects the culture of
that department: the use of force is viewed and responded to as an atypical
occurrence. Contrast such a department with one which does not view the use
of force as abnormal. And, most importantly, the culture of the department
is such that officers come to view the use of force as an acceptable way of
resolving conflict. It is clear that the culture of a police department, to
a large degree, determines the organization’s effectiveness. That culture
determines the way officers view not only their role, but also the people
they serve. The key concern is the nature of that culture and whether it
reflects a system of beliefs conducive to the nonviolent resolution of
conflict. It is also important to recognize that the culture of a police
department, once established, is difficult to change. Organizational change
within a police agency does not occur in a revolutionary fashion. Rather,
it is evolutionary. .....Ministry of Law, Justice & Parl. Afrs. =VS=
BLAST, [3 LM (AD) 274]
Presumption of fact:–– A public servant while discharging public duty
seizes any contraband goods or article from a person, it will be presumed
that he has acted in accordance with law–– It is now settled that a
public servant while discharging public duty seizes any contraband goods or
article from a person, it will be presumed that he has acted in accordance
with law. It is a presumption of fact. If the recovery and seizure are made
in accordance with law, it is difficult to disbelieve the evidence of the
seizing officer unless inherent infirmities are revealed in course of cross
examination. Therefore, the onus lies upon the accused to show that no such
arm was recovered from his possession. It is now settled that the
non-examination of public witnesses is not a legal ground to disbelieve the
prosecution case. This view has been taken on consideration of the present
socio-economic condition and on the rise of criminal acts. Normally, the
public witnesses are not willing to depose against the terrorist persons
for fear of reprisal or other reasons. That will not disprove the recovery
of arms. The High Court Division has totally ignored that aspect of the
matter. The judgment of the High Court Division is set aside. The accused
respondent shall get the benefit of section 35A of the Code of Criminal
Procedure. .....The State =VS= Md. Ali Reza, [5 LM (AD) 247]
Victims' Right–– Consideration of victims' rights now stand universally
recognised. It is reckoned that the Court in sentencing an offender should
not confine itself to the fundamental rights of the accused only, but must
also take account of the victims' predicaments and rights. The Appellate
Division is of view this concept is of particular importance in the context
of the atrocities that were perpetrated during glorious war of liberation,
as literally, the entire populace, save a handful of anti liberationists,
were victims of those atrocities. .....Muhammad Kamaruzzaman =VS= Chief
Prosecutor, International Crimes Tribunal, Dhaka, [4 LM (AD) 392]
....View Full Judgment
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Burden of proof in wife killing case:
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Burden of proof in wife killing case:
What is more surprising to note here is that the appellant has not provided
any reasonable explanation as to the cause of the death of his wife
although in wife killing case, the condemned-appellant is under the
obligation to do so. He has given all contradictory suggestions to the
witnesses imputing allegations that the victim was a lady of lose character
having illicit connection with others. In a misogynistic society, character
assassination of women is a regular feature. In the case in hand even after
death victim’s soul will not rest in peace because her two sons will know
that their mother was a lady of questionable character. The
condemned-appellant has failed to discharge his obligation by not
explaining the cause of death of his wife in his house. [Syed Mahmud
Hossain, CJ (Minority view)] …Md. Abdul Awal Khan Vs. The State,
(Criminal), 16 SCOB [2022] AD 22
....View Full Judgment
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Md. Abdul Awal Khan Vs. The State, (Criminal), |
16 SCOB [2022] AD 22 |
Basic pillars of Criminal Case:
|
Basic pillars of Criminal Case:
It is pertinent to note that in a Criminal case, time, place and manner of
occurrence are the 3(three) basic pillars upon which the foundation of the
case stand on and the same are required to be strictly proved beyond
reasonable doubt by the prosecution in a bid to ensure punishment for an
offender charged with an offence. If in a given case any one of the above
3(three) pillars is found lacking or proved to be untrue then it is
adversely react upon the entire prosecution case. ...Md. Helal Uddin Vs.
The State, (Criminal), 18 SCOB [2023] HCD 264
....View Full Judgment
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Md. Helal Uddin Vs. The State |
18 SCOB [2023] HCD 264 |
Benefit of doubt––
|
Benefit of doubt–– Accused is entitled to the benefit of doubt–– It
is well settled principle that where on the evidence two possibilities are
open, one which goes in favour of prosecution and the other benefits the
accused, the accused is entitled to the benefit of doubt. We are of the
view that the prosecution has not been able to prove its case beyond all
shadow of doubt against the appellant, so the appellant is entitled to get
benefit of doubt. Accordingly, we find substance in the appeal. The
appellant Humayun Kabir, son of Liakatulla, of village- Newrain, Police
Station Laksham, District Comilla is acquitted on the charge. ...Humayun
Kabir(Md.) =VS= The State, [10 LM (AD) 619]
....View Full Judgment
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Humayun Kabir(Md.) =VS= The State, |
10 LM (AD) 619 |
Benefit of doubt––
|
Benefit of doubt–– In Md. Ibrahim Hossain –Vs- The State ( 14 BLD
(AD) 253), the Appellate Division emphasised that benefit of doubt can not
be given for minor omissions. (Para-761); .....Allama Delwar Hossain
Sayedee =VS= Government of Bangladesh, [2 LM (AD) 76]
....View Full Judgment
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Allama Delwar Hossain Sayedee =VS= Government of Bangladesh, |
2 LM (AD) 76 |
|
In the facts of the instant case, a 13 year old house maid has undoubtedly
been raped and there is no reason why the victim, who suffered the trauma
and the stigma that goes with it, should not be believed. She has put
herself in an invidious situation where she will be shunned and
marginalised for the rest of her life and yet she has been disbelieved.
This is clearly a travesty of justice. (Minority View) …State Vs.
Mostafizur Rahman and another, (Criminal), 1 SCOB [2015] AD 28
In facts, the story of rape itself gives rise to a grave suspicion
implicating the accused, respondent; as such it will be fully within the
domain of the appellate court to acquit the accused. Moreover, the reason
of delay in lodging FIR even after the release of the victim from the
clutch of the accused has not been properly described; so it is very
difficult to consider the evidence of prosecutrix, P.W.2 as beyond any
reasonable doubt which is the fundament requirement of conviction of an
accused person. (Majority View) …State Vs. Mostafizur Rahman and another,
(Criminal), 1 SCOB [2015] AD 28
....View Full Judgment
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State Vs. Mostafizur Rahman and another, (Criminal), |
1 SCOB [2015] AD 28 |
Circumstantial evidence:
|
Circumstantial evidence:
It is settled principles that where the inference of guilt of an accused is
to be drawn from circumstantial evidence only, those circumstances must, in
the first place, be cogently established. Further, those circumstances
should be of a definite tendency pointing towards the guilt of the accused,
and in their totality, must unerringly lead to the conclusion that within
all human probability, the offence was committed by the accused excluding
any other hypotheses. …Haji Mahmud Ali Londoni & anr Vs. State & anr,
(Criminal), 5 SCOB [2015] AD 102
....View Full Judgment
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Haji Mahmud Ali Londoni & anr Vs. State & anr, (Criminal), |
5 SCOB [2015] AD 102 |
Commutation of Sentence:
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Commutation of Sentence:
On the question of commutation of the sentence, we are to take into
consideration the heinousness of the offence committed in juxtaposition
with the mitigating circumstances. It is by now established that in
Bangladesh the sentence for the offence of murder is death which may be
reduced to one of imprisonment of life upon giving reasons. It has been the
practice of this Court to commute the sentence of death to one of
imprisonment for life where certain specific circumstances exist, such as
the age of the accused, the criminal history of the accused, the likelihood
of the offence being repeated and the length of period spent in the death
cell. …Kamal alias Exol Kamal Vs. State, (Criminal), 10 SCOB [2018] AD 6
The death sentence is the most severe and irretrievable form of punishment.
Once the sentence is carried out, it cannot be redeemed. It is certainly a
cruel form of punishment which is an affront to human dignity. However, the
death sentence is not unconstitutional in Bangladesh. …Kamal alias Exol
Kamal Vs. State, (Criminal), 10 SCOB [2018] AD 6
....View Full Judgment
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Kamal alias Exol Kamal Vs. State, (Criminal), |
10 SCOB [2018] AD 6 |
The court can depend upon a single witness:
|
The court can depend upon a single witness:
The court can very much rely on the evidence of a witness who is related to
the victim or to other witnesses if the witness is considered by the Court
reliable and that evidence of the witness is corroborated by other reliable
witnesses. Besides this; in the case laws reported in 38 DLR(AD) 311 and 29
DLR(SC)211, it is a decided matter that the case of prosecution does not
depend on the number of witnesses produced but it can depend upon a single
witness whose evidence (testimony) is trustworthy, credible and
unimpeachable. Therefore, obviously we can easily draw such inference in
this matter that the case of the prosecution can stand very much on a
single evidence if it is tangible and credible. …State Vs. Mir Ahmad
Hossain & another, (Criminal), 1 SCOB [2015] HCD 45
....View Full Judgment
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State Vs. Mir Ahmad Hossain & another, |
1 SCOB [2015] HCD 45 |
Corroboration of evidence:
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Corroboration of evidence:
Where bitter enmity in between the parties is admitted some sort of
corroboration of the evidence of interested witnesses is required as a rule
of prudence. …Md. Zakir Hussain Vs. Md. Jalal Khan and another,
(Criminal), 1 SCOB [2015] HCD 52
Presumption against prosecution:
The prosecution withheld those witnesses who are the other neighbours and
the security guard etc. Nonexamination of those material witnesses who were
able to corroborate the D.W-1, raises a presumption against prosecution
that had they been examined in the case, they would not have supported the
defence case and benefit of such defect will go the prosecution. …Md.
Zakir Hussain Vs. Md. Jalal Khan and another, (Criminal), 1 SCOB [2015] HCD
52
....View Full Judgment
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Md. Zakir Hussain Vs. Md. Jalal Khan and another, |
1 SCOB [2015] HCD 52 |
Circumstantial Evidence:
|
Circumstantial Evidence:
Commission of crime can also be proved by circumstantial evidence.
Circumstantial evidence is more cogent and convincing than the ocular
evidence. It is correctly said that witnesses may tell a lie and it is not
difficult to procure false tutored and biased witnesses but it is very much
difficult to procure circumstantial evidence. …Md. Forhad Hossain Sheikh
Vs. The State, (Criminal), 4 SCOB [2015] HCD 102
Burden of proof in wife killing case:
Ordinarily, an accused has no obligation to account for which he is placed
on trial but in a wife killing case or wife murder case, the position of
law is all together is different. The murder having taken place while the
convict was living with the deceased wife Asmina in the same house, the
convict has an obligation to explain how his wife met her death. …Md.
Forhad Hossain Sheikh Vs. The State, (Criminal), 4 SCOB [2015] HCD 102
....View Full Judgment
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Md. Forhad Hossain Sheikh Vs. The State, |
4 SCOB [2015] HCD 102 |
|
A confession is admissible provided it is free and voluntary but it does
not mean that a mere bald assertion by the accused that he was threatened
or tortured or that an inducement was offered to him, can be accepted as
true without any thing more. The suggestion must be rejected when there is
no material whatsoever to hold that the prisoner was threatened or beaten
and the story of torture is, on the face of it incredible. …State & ors
Vs. Mufti A. Hannan & ors, (Criminal), 9 SCOB [2017] HCD 52
It is also well settled that judicial confession, if is found to be true
and voluntary, can be formed basis of conviction as against the maker of
the same. …State & ors Vs. Mufti A. Hannan & ors, (Criminal), 9 SCOB
[2017] HCD 52
....View Full Judgment
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State & ors Vs. Mufti A. Hannan & ors, |
9 SCOB [2017] HCD 52 |
|
The contention of learned Advocate Mr. S.M Abdul Mobin for the defence is
that the sentence of death is too harsh in this case because both the
accused persons tried to save the life of the victim removing him to more
than one hospital from the place of occurrence as disclosed by the
prosecution witnesses. Now the question is commutation of sentence as
pointed out by the defence to be considered or not. In true sense, it is
most difficult task on the part of a judge to decide what would be quantum
of sentence in awarding upon an accused for committing the offence when it
is proved by evidence beyond shadow of doubt but the judge should have
considered the legal evidence and materials for punishment of the
perpetrator not as a social activist [63 DLR 460, 18 BLD 81 and 57 DLR
591]. Sometimes, it depends on gravity of the offence and sometimes, it
confers upon an aggravating or mitigating factor. …The State Vs. Md.
Sharif & another’s, (Criminal), 13 SCOB [2020] HCD 120
In such a situation, it is a very hard job for the court to determine the
quantum of sentence whether it will be capital punishment or imprisonment
for life upon the accused persons since they played a role for saving the
victim’s life soon after occurrence as evident by the said prosecution
witnesses. At the same time it is very important to note that the victim
was completely an innocent teenager who had no fault of such dire
consequences at the hands of the accused persons. Since the determination
of awarding sentence to the accused persons is at the middle point of
views, it may turn to impose capital punishment or imprisonment for life
and that is why, the advantage of lesser one shall find the accused persons
to acquire in the instant case. More so, both the accused persons have no
significant history of prior criminal activities and their PC and PR
[previous conviction and previous records] are found nil in the police
report. In this regard it finds support from the decision in the case of
Nalu –Vs-The State, reported in 1 ALR(AD)(2012) 222 where one of the
mitigating factors was previous records of the accused. …The State Vs.
Md. Sharif & another’s, (Criminal), 13 SCOB [2020] HCD 120
....View Full Judgment
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The State Vs. Abul Kashem & ors., |
13 SCOB [2020] HCD 103 |
Conjecture or hypothesis however strong
|
Conjecture or hypothesis however strong it might be, cannot be the
substitute for evidence:
In our criminal justice delivery system there is no scope to lean on
hypothesis or conjecture instead of proof of the manner of occurrence by
sufficient evidence to find out the guilt of an accused charged with an
offence. It is the settled principle of law that conjecture or hypothesis
however strong it might be, cannot be the substitute for evidence. In such
a backdrop, it can be concluded that the learned judge of the court below
erred in law in adjudging the culpability of the accused in the killing
incident of the deceased woman by the impugned judgment and order which has
utterly failed to withstand the legal scrutiny. …The State Vs. Rasu Kha,
(Criminal), 16 SCOB [2022] HCD 161
....View Full Judgment
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The State Vs. Rasu Kha, |
16 SCOB [2022] HCD 161 |
Confession of the accused was preceded
|
Confession of the accused was preceded by a prolonged police custody which
has seriously affected the involuntary character of the same:
It is undeniable that accused Rasu Kha was first arrested on 06-08-2009
from Gazipur Bazar in connection with another case filed with Faridgonj
P.S. Chandpur and thereafter, he was shown arrested in the instant case on
15-10-2009 while he was also under police custody in connection with the
earlier one and further that he was again taken on remand in the present
case and eventually, he was produced before the relevant Magistrate court
on 18-10-2009 by the investigation officer (P.W.6) with a prayer for
recording his confession. Materials on record also do bear out the
aforesaid factual events of the case. Therefore, it is patent that the
confession of the accused was preceded by a prolonged police custody which
has seriously affected the involuntary character of the same. …The State
Vs. Rasu Kha, (Criminal), 16 SCOB [2022] HCD 161
It is to be noted further that charge of murder must be proved to the core
beyond doubt by consistent and reliable evidence. When there is departure
from the manner of occurrence as alleged by the prosecution found in the
evidence during trial, the veracity of the prosecution case becomes
doubtful and in such a case conviction and sentence cannot be sustained in
the eye of law. …The State Vs. Rasu Kha, (Criminal), 16 SCOB [2022] HCD
161
....View Full Judgment
|
The State Vs. Rasu Kha, |
16 SCOB [2022] HCD 161 |
A complete review of the evidence
|
A complete review of the evidence indicates that there was pre-existing
hostility between the victim and appellant Mohiuddin. The motive for the
commission of the murder is explicit from the evidence of P.Ws 22, 25, 39
and 43 which is relevant. Proof of motive does lend corroboration to the
prosecution case. The same plays an important role and becomes a compelling
force to commit a crime and therefore motive behind the crime is a relevant
factor. Motive prompts a person to form an opinion or intention to do
certain illegal acts with a view to achieving that intention. Adequacy of
motive is of little importance as it is seen that atrocious crimes are
committed for very slight motives. One cannot see into the mind of another
(State Vs. Santosh Kumar Singh, 2007 Cr LJ 964). However, motive alone is
not sufficient to convict the accused in case of circumstantial evidence.
Along with motive, there should be some further corroborative evidence.
…Dr. Miah Md. Mohiuddin & ors Vs. The State & ors, (Criminal), 17 SCOB
[2023] AD 1
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|
Dr. Miah Md. Mohiuddin & ors Vs. The State & ors |
17 SCOB [2023] AD 1 |
Capital punishment––
|
Capital punishment–– While it is true that many countries have
abolished death sentence, the position as it stands today, is that capital
punishment prevails in as many as 55(fifty five) countries and 7(seven)
countries retain death sentence for exceptional cases. (Source: Amnesty
International and Penal Reform International). Countries that retain
capital sentence, include the largest democracy, i.e. India, and 33
component States of the United States of America. Some countries, such as
Malaysia, Singapore, Saudi Arabia, Trinidad and Tobago retain mandatory
death sentence for murder, while some 13 (thirteen) countries prescribe
mandatory death sentence for drug trafficking, while 33 (thirty three)
countries have death as an alternative sentence for the said offence.
(Penal Reform International). (Para-29); .....Ali Ahsan Muhammad Mujahid
=VS= The Government of Bangladesh, [2 LM (AD) 65]
....View Full Judgment
|
Ali Ahsan Muhammad Mujahid =VS= The Government of Bangladesh, |
2 LM (AD) 65 |
Capital sentence––
|
Capital sentence–– The Court is bound to award capital sentence– When
it is found from the evidence that the death was intentional, the accused
used deadly weapon, the incident of murder is gruesome, barbaric and
motivated, and there is no extenuating circumstance to award the minimum
sentence, the court is bound to award capital sentence. Besides, in the
present incident nobody had the opportunity ever to remotely imagine the
amount of such ghastly incident. .....Ataur Mridha =VS= The State, [3 LM
(AD) 513]
....View Full Judgment
|
Ataur Mridha =VS= The State, |
3 LM (AD) 513 |
Cognizable offence:––
|
Cognizable offence:–– A complaint of a cognizable offence–– A
complaint of a cognizable offence recorded by a Magistrate and sent by him
to the police for investigation and report is sufficient information
justifying arrest under section 54 of the Code. Similarly, information
that a warrant of arrest has been issued against a person in respect of a
cognizable offence, may justify action being taken under the said section.
Where, from a report of a Chowkider that certain persons were dacoits the
police officer called them to surrender, but the latter resisted and fired
shots at the officer, the latter was justified in arresting those persons.
.....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM (AD) 274]
....View Full Judgment
|
Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, |
3 LM (AD) 274 |
Cognizable offence:––
|
Cognizable offence:–– Reasonable complaint or suspicion must depend
upon the circumstances of each particular case–– Where a police officer
suspecting that certain pieces of cloth which a man was carrying early
morning, was stolen property, went to him and questioned him and having
received unsatisfactory answers, arrested him, he was entitled to arrest
him because reasonable suspicion exists of his being concerned of a
cognizable offence. Where a person was found armed lurking at midnight in a
village inhabited by persons well known to the police as professional
dacoits, there was a reasonable suspicion against the person of his being
concerned in a cognizable offence. But this does not mean that the police
are limited only by their own discretion as to what persons they may arrest
without warrant. Their powers in this respect are strictly defined by the
Code. In order to act under the first clause, there must be a reasonable
complaint or reasonable suspicion of the person to be arrested having been
concerned in a cognizable offence. What is a ‘reasonable’ complaint or
suspicion must depend upon the circumstances of each particular case; but
it should be at least founded on some definite fact tending to throw
suspicion on the person arrested, and not on a mere vague surmise.
.....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM (AD) 274]
....View Full Judgment
|
Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, |
3 LM (AD) 274 |
Cognizance of offence:––
|
Cognizance of offence:–– Cognizance of offence by a courts of
session–– The Indian provision is a bit different from ours. The Indian
provision reads as under:
“Cognizance of offence by a courts of session –Except as otherwise
expressly provided by this court or by any other law for the time being
enforce, no court of session shall take cognizance of any offence as a
court of original jurisdiction unless the case has been committed to it by
a magistrate under this court”. .....Mufti Abdul Hannan Munshi =VS= The
State, [3 LM (AD) 566]
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|
.Mufti Abdul Hannan Munshi =VS= The State, |
3 LM (AD) 566 |
Confession:––
|
Confession:–– Confession is taken to be true, voluntary and inculpatory
in nature, a conviction can be given against the maker–– The
confessions have been corroborated by circumstantial evidence proved by the
witnesses. Even if there is no corroborating evidence, if a confession is
taken to be true, voluntary and inculpatory in nature, a conviction can be
given against the maker of the statement relying upon it subject to the
conditions mentioned above. .....Mufti Abdul Hannan Munshi =VS= The State,
[3 LM (AD) 566]
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|
.Mufti Abdul Hannan Munshi =VS= The State, |
3 LM (AD) 566 |
Confidential document––
|
Confidential document–– It is however, to be noted that the case diary
is a confidential document. So, it may not be claimed by the accused person
at any time for the purpose of assessing and scrutinizing its entries. A
criminal court is free to ask for the case diary at any stage of the
proceedings. But, the case diary cannot be used as evidence in the trial.
.....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM (AD) 274]
....View Full Judgment
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Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, |
3 LM (AD) 274 |
Court of appeal:––
|
Court of appeal:–– Normally Supreme Court does not reassess of the
evidence–– Normally Appellate Division does not interfere with the
judgment of the High Court Division on appeal if it is found that the
judgment is based on proper appreciation of the evidence. It cannot
reassess the evidence afresh as a court of appeal to examine whether or not
the High Court Division has properly appreciated the evidence. .....Md.
Akram =VS= The State, [1 LM (AD) 581]
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|
Md. Akram =VS= The State, |
1 LM (AD) 581 |
Credible information––
|
Credible information–– There was no provision in the Codes of 1861 and
1872, enabling an arrest without warrant on credible information as to the
person to be arrested being concerned in a cognizable offence. Such a
provision was introduced for the first time in the Code of 1882. The words
“credible information” include any information which, in the judgment
of the officer to whom it is given appears entitled to credit in the
particular instance. It need not be sworn information. The words
“credible” and “reasonable” have reference to the mind of the
person receiving the information. A bare assertion without anything more
cannot form the material for the exercise of an independent judgment and
will not therefore amount to “credible information”. The “reasonable
suspicion” and “credible information” must relate to definite
averments which must be considered by the police officer himself before he
arrests a person under this section. .....Ministry of Law, Justice & Parl.
Afrs. =VS= BLAST, [3 LM (AD) 274]
....View Full Judgment
|
Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, |
3 LM (AD) 274 |
Criminal misconduct––
|
Criminal misconduct–– A criminal misconduct is said to have been
committed by a public servant, if he accepts or obtains or agrees to obtain
or attempts to obtain for himself or for any other person in gratification.
.....RAJUK =VS=Manzur Ahmed & Others, [1 LM (AD) 1]
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RAJUK =VS=Manzur Ahmed & Others, |
1 LM (AD) 1 |
Criticism Judgment––
|
Criticism Judgment–– There is no wrong in critiquing a judgement once
it is finally published. However, it must be borne in mind that
deliberations during the course of any hearing may not be subjected to
analysis or criticism since such comments in a sub judice matter might be
prejudicial and taint the mind of the public before the judgement is
pronounced. .....The State =VS= Adv. Md. Qamrul Islam, M.P & another, [1 LM
(AD) 28]
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The State =VS= Adv. Md. Qamrul Islam, M.P & another, |
1 LM (AD) 28 |
Difference between cheating and breach
|
Difference between cheating and breach of contract:
In every case of cheating there is implicit agreement between the parties.
The vital factor to be considered is whether at the time of agreement there
was intention to carry out the terms of the contract or not. If there is
nothing to show that there was no intention at the time of agreement which
was arrived at, but the failure to fulfill the terms of the agreement was
the subsequent event, the offence of cheating cannot be said to have been
committed. It would only be a case of breach of contract. …Prof. Dr.
Motior Rahman vs. The State & anr, (Criminal), 3 SCOB [2015] AD 1
....View Full Judgment
|
Prof. Dr. Motior Rahman vs. The State & anr, (Criminal), |
3 SCOB [2015] AD 1 |
Due process vis-a-vis crime control consideration:
|
Due process vis-a-vis crime control consideration:
In performing our duties, this court is charged with the task of not only
assessing the facts against the law, but also considering the impacts of
judgments that are pronounced and any assessment made on the overall
justice system. With modern criminal justice mechanism, the right against
self-incrimination is one that stands as a cornerstone. As such,
confessions by a co-accused are generally inadmissible against the accused
in a concerned case. However, in our duties of administering justice, we
are sometimes faced with a case that forces us to consider aspects of
larger policy at play. The balance between crime control and due process
models of justice is such a consideration that requires reassessment with
changing times and upon the fact of each case. The case before us is one of
such a heinous crime, where measures of control are made far more
necessary, to ensure that justice can be brought to the victim in question.
As such, while due process is still of utmost importance; crime control
considerations must be made as well. …Md. Shukur Ali and others Vs. The
State, (Criminal), 16 SCOB [2022] AD 62
Adverse inferences may be drawn upon silence on part of those
incriminated:
The principle of the right against self incrimination is also accompanied
by the principle that upon silence on part of those incriminated, adverse
inferences may be drawn at any stage of the trial and pre-trial procedures.
When the co-accused, Azanur and Mamun put forth their confessions,
incriminating the accused Shukur and Sentu, they had the opportunity to
present their accounts of the events in question. Their refusal to adduce
defence witness and to give any statement, allows this Court to draw an
adverse inference against them, in conjunction with the inferences drawn
from the period of their absconcion. …Md. Shukur Ali and others Vs. The
State, (Criminal), 16 SCOB [2022] AD 62
....View Full Judgment
|
Md. Shukur Ali and others Vs. The State, (Criminal), |
16 SCOB [2022] AD 62 |
Dying declaration:
|
Dying declaration:
A dying declaration, whether written or oral, if accepted by the Court
unhesitatingly, can itself provide a strong basis for convicting an
accused. …State Vs Kalam alias Abul Kalam, (Criminal), 6 SCOB [2016] HCD
43
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State Vs Kalam alias Abul Kalam, |
6 SCOB [2016] HCD 43 |
Doctors should be cautious enough
|
Doctors should be cautious enough in holding autopsy in unnatural death
cases:
The prosecution further failed to prove the time of occurrence. It appears
from the evidence and other materials on record that the dead body of
Kohinoor was found in the place and manner after 3 (three) days of her
missing. The doctor found most of the organs of the corpse decomposed and
blister all over the body. But in the report they did not wrote about the
approximate time of death of the deceased. We find that the doctors very
casually examined the corpse and held autopsy on it. They did not mention
the condition of eyes and other necessary symptoms generally found
internally and externally to determine the death. They should be cautious
enough in holding autopsy in unnatural death cases. Their callousness in
holding autopsy may result in miscarriage of justice. …State & anr Vs.
Md. Mostafa Sarder & anr, (Criminal), 16 SCOB [2022] HCD 188
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State & anr Vs. Md. Mostafa Sarder & anr, |
16 SCOB [2022] HCD 188 |
Delay––
|
Delay–– Delay by itself in the execution of sentence of death is by no
means an extenuating circumstances for commuting the sentence of death to
imprisonment for life. There must be other circumstances of a compelling
nature which together with delay will merit such commutation. We find no
compelling extenuating circumstances in this case and therefore, find no
ground whatsoever to interfere.” (Per Md. Tafazzul Islam, J) ...Major Md.
Bazlul Huda (Artillery)=VS=The State (Banga Bandhu Murder Case), [9 LM (AD)
386]
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|
Major Md. Bazlul Huda (Artillery)=VS=The State (Banga Bandhu Murder Case), |
9 LM (AD) 386 |
Delay in the disposal of this case
|
Delay in the disposal of this case cannot by itself be a ground for
commuting the sentence of death:
From the nature of the offence it appears to us that the petitioner is in
no way entitled to get any sympathy. We do not find any mitigating or
extenuating circumstances on record for commutation of the sentence of
death. Delay in the disposal of this case cannot by itself be a ground for
commuting the sentence of death to one of imprisonment for life since the
crime committed by the petitioner was premeditated senseless, dastardly and
beyond all human reasonings. ...Md. Zahangir Alam & ors Vs. The State,
(Criminal), 18 SCOB [2023] AD 45
....View Full Judgment
|
.Md. Zahangir Alam & ors Vs. The State |
18 SCOB [2023] AD 45 |
Delay––
|
Delay–– Delay by itself in the execution of sentence of death is by no
means an extenuating circumstances for commuting the sentence of death to
imprisonment for life. There must be other circumstances of a compelling
nature which together with delay will merit such commutation. We find no
compelling extenuating circumstances in this case and therefore, find no
ground whatsoever to interfere.” (Per Md. Tafazzul Islam, J) ...Major Md.
Bazlul Huda (Artillery)=VS=The State (Banga Bandhu Murder Case), [9 LM (AD)
386]
....View Full Judgment
|
Major Md. Bazlul Huda (Artillery)=VS=The State (Banga Bandhu Murder Case), |
9 LM (AD) 386 |
Delay––
|
Delay–– As regards the delay, this Court in the original judgment
observed that mere delay in filing a case is not a ground for disbelieving
the case. ...Major Md. Bazlul Huda (Artillery) =VS= The State, [10 LM (AD)
581]
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|
Major Md. Bazlul Huda (Artillery) =VS= The State, |
10 LM (AD) 581 |
Death Penalty:––
|
Death Penalty:–– Abolition of Death Penalty is not Possible–– Our
social conditions, social and cultural values are completely different from
those of western countries. Our criminal law and jurisprudence have
developed highlighting the social conditions and cultural values. The
European Union has abolished death penalty in the context of their social
conditions and values, but we cannot totally abolish a sentence of death in
our country because the killing of women for dowry, abduction of women for
prostitution, the abduction of children for trafficking are so rampant
which are totally foreign to those developed countries. .....BLAST & others
=VS= Bangladesh & others, [1 LM (AD) 286]
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|
BLAST & others =VS= Bangladesh & others, |
1 LM (AD) 286 |
Death Penalty:––
|
Death Penalty:–– A law which is not consistent with notions of fairness
and provides an irreversible penalty of death is repugnant to the concepts
of human rights and values, and safety and security. .....BLAST & others
=VS= Bangladesh & others, [1 LM (AD) 286]
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|
BLAST & others =VS= Bangladesh & others, |
1 LM (AD) 286 |
DGFI:––
|
DGFI:–– Responsibility of Directorate General of Forces Intelligence
(DGFI)–– An officer of DGFI who has sworn affidavit has also admitted
impliedly that the money have been extorted by an officer of DGFI, but
according to him, he has acted access of power for which the DGFI shall not
take any responsibility. This statement belies the documents submitted by
Bangladesh Bank. This force cannot deny its responsibility in view of the
fact that after collection of the pay orders the officer communicated his
action to its chief. It is claimed by the writ petitioners and also by the
learned Counsel that the businessmen have been compelled to attend at a
specified office under its control. They were kept sitting from dawn to
dusk for days together and sometimes detained there without furnishing any
information to their near ones. It was not possible to act as such on the
part of one officer without knowledge and concurrence of the authority on
consideration of the fact that it was not an isolated incident, rather the
arrest, detention and torture both physically and mentally were carried out
for days together against dignified and resourceful persons. It was a
concerted effort on the part of this agency is beyond reprehensible. Those
actions were taken openly and freely, and the same need not be proved.
.....Bangladesh Bank=VS=East West Property Developments (Pvt.) Ltd., [3 LM
(AD) 106]
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|
Bangladesh Bank=VS=East West Property Developments (Pvt.) Ltd., |
3 LM (AD) 106 |
Discretion:––
|
Discretion:–– A provision of law which deprives the court to use of its
beneficent discretion in a matter of life and death, without regard to the
circumstances in which the offence was committed and, therefore without
regard to the gravity of the offence cannot but be regarded as harsh,
unfair and oppressive. The legislature cannot make relevant circumstances
irrelevant, deprive the court of its legitimate jurisdiction to exercise
its discretion not to impose death sentence in appropriate cases.
Determination of appropriate measures of punishment is judicial and not
executive functions. The court will enunciate the relevant facts to be
considered and weight to be given to them having regard to the situation of
the case. Therefore we have no hesitation in holding the view that these
provisions are against the fundamental tenets of our Constitution, and
therefore, ultra vires the Constitution and accordingly they are declared
void. .....BLAST & others =VS= Bangladesh & others, [1 LM (AD) 286]
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|
BLAST & others =VS= Bangladesh & others, |
1 LM (AD) 286 |
Duty of the Court––
|
Duty of the Court–– It is the duty of the Court to award proper
sentence having regard to the nature of the offence and depending upon the
degree of criminality, the manner in which it was committed and all
attended circumstances. The occurrences of killing of intellectuals were
committed with the extremely cruel and beastly manner which demonstrated
index of the depraved character of the perpetrators. It will be a mockery
of justice to permit the accused to escape the extreme penalty of law when
faced with such evidence and such cruel acts. The Judges are carrying out
the duty under the Law. The sentence awarded by the Tribunal for
intellectuals killings is not disproportionate in view of the nature of
charge and evidence adduced. (Para-231); .....Ali Ahsan Muhammad Mujahid
=VS= The Chief Prosecutor, ICT, Dhaka, [2 LM (AD) 1]
....View Full Judgment
|
Ali Ahsan Muhammad Mujahid =VS= The Chief Prosecutor, ICT, Dhaka, |
2 LM (AD) 1 |
Evidence of interested witnesses:
|
Evidence of interested witnesses:
The rule that the evidence of interested witnesses requires corroboration
is not an inflexible one. It is a rule of caution rather than an ordinary
rule of appreciation of evidence. …Abdul Mazid @ Khoka & ors Vs. State &
ors, (Criminal), 5 SCOB [2015] HCD 9
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|
Abdul Mazid @ Khoka & ors Vs. State & ors, |
5 SCOB [2015] HCD 9 |
Prosecution must bear the responsibility
|
Prosecution must bear the responsibility for all its laches and lapses:
In the present case before us, there are many laches and lapses as noticed
above and those lapses may be by default or by design and the prosecution
must bear the responsibility for all its laches and lapses. …Abdul Mazid
@ Khoka & ors Vs. State & ors, (Criminal), 5 SCOB [2015] HCD 9
....View Full Judgment
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Abdul Mazid @ Khoka & ors Vs. State & ors, |
5 SCOB [2015] HCD 9 |
Even if the facts proved are slightly different
|
Even if the facts proved are slightly different from those alleged in the
charge, a conviction based on the facts proved would be legal:
Joint trial of different offences under different enactments does not
vitiate proceedings in the absence of prejudice to the accused,
particularly when the special enactment authorizes the Court to try
different offences jointly where a charge is framed for one offence but
offence committed is found to be some other than the one charged, provided,
the same facts can sustain a charge for the latter offence, the accused can
be convicted for such an offence. Even if the facts proved are slightly
different from those alleged in the charge, a conviction based on the facts
proved would be legal. ...The State Vs. Nurul Amin Baitha and anr,
(Criminal), 18 SCOB [2023] AD 1
....View Full Judgment
|
The State Vs. Nurul Amin Baitha and anr |
18 SCOB [2023] AD 1 |
F.I.R:
|
F.I.R:
Where there is no F.I.R. or where the F.I.R. cannot be proved in accordance
with law in that case also the court will not detract the testimony of the
witnesses which will have to be assessed on its own merits and the case is
to be assessed on merit on the basis of the evidence adduced before it.
(Nazmun Ara Sultana, J) …State Vs. Dafader Marfoth Ali Shah & ors,
(Criminal), 5 SCOB [2015] AD 1
Discrepency always occurs even in the evidence of the truthful witnesses:
The learned Counsel has contended that these contradictory statements of
these P.Ws. reasonably make these witnesses untrustworthy. But we are
unable to accept this argument of the learned Counsel in this present case.
Considering the very facts and circumstances of this case we rather, are of
the view that it was very much natural on the part of the witnesses to make
discrepent statements regarding colour of the wearing clothes and the
weapons of the assaillants and that these discrepent or contradictory
statements of the P.Ws. are so trifling in nature that these cannot raise
any suspicion about the truthfulness of the witness or about the occurrence
they narrated. The learned Counsel for the accused-respondents has pointed
out some other alleged minor discrepent or contradictory statements also in
the evidence of the prosecution withnesses, but we do not find any of these
alleged discrepent or contradictory statemetns of the prosecution witnesses
fatal at all to raise any suspicion about the truthfulness of these
witnesss. Discrepency always occurs even in the evidence of the truthful
witnesses. It is also settled that one part of evidence of a witness even
if is rejected the other part of the evidence of the same witness may be
accepted. (Nazmun Ara Sultana, J) …State Vs. Dafader Marfoth Ali Shah &
ors, (Criminal), 5 SCOB [2015] AD 1
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State Vs. Dafader Marfoth Ali Shah & ors, (Criminal), |
5 SCOB [2015] AD 1 |
Fundamental principles of criminal jurisprudence
|
Fundamental principles of criminal jurisprudence and justice delivery
system:
Fundamental principles of criminal jurisprudence and justice delivery
system is the innocence of the alleged accused who should be presumed to be
innocent until the charges are proved beyond reasonable doubt on the basis
of clear, cogent and credible evidence and that onus of proving everything
essential to the establishment of charge against the accused lies upon the
prosecution which must prove charge substantially as laid to hilt and
beyond all reasonable doubt on the strength of clear, cogent credible and
unimpeachable evidence. In a criminal trial, the burden of proving the
guilt of the accused beyond all reasonable doubts always rests on the
prosecution and on its failure, it cannot fall back upon the evidence
adduced by the accused in support of his defence to rest its case solely
thereon. Proof of charge must depend upon judicial evaluation of totality
of evidence, oral and circumstantial, and not by an isolated scrutiny.
Prosecution version is also required to be judged taking into account the
overall circumstances of the case with a practical, pragmatic and
reasonable approach in appreciation of evidence. …State Vs Md. Nurul Amin
Baitha & anr, (Criminal), 7 SCOB [2016] HCD 40
We should bear in mind, credibility of testimony oral and circumstantial,
depends considerably on a judicial evaluation of the totality, not isolated
scrutiny. When dealing with the serious question of guilt or innocence of
persons charged with crime, the following principles should be taken into
consideration.
a) The onus of proving everything essential to the establishment of the
charge against the accused lies on the prosecutor.
b) The evidence must be such as to exclude to a moral certainty every
reasonable doubt of the guilt of the accused.
c) In matters of doubt it is safer to acquit than to condemn, for it is
better that several guilty persons should escape than that one innocent
person suffer.
d) There must be clear and unequivocal proof of the corpus delicit.
e) The hypothesis of delinquency should be consistent with all the facts
proved. …State Vs Md. Nurul Amin Baitha & anr, (Criminal), 7 SCOB [2016]
HCD 40
When it is established that the husband and wife were residing in the same
house at the relevant time, the husband is duty bound to explain the
circumstances how his wife met her death and in absence of any explanation
coming from the husband, irresistible presumption is that it is the husband
who is responsible for her death. …State Vs Md. Nurul Amin Baitha & anr,
(Criminal), 7 SCOB [2016] HCD 40
....View Full Judgment
|
State Vs Md. Nurul Amin Baitha & anr, |
7 SCOB [2016] HCD 40 |
Framing of Charge:
|
Framing of Charge:
Where the allegation has been brought against the petitioners that they
made the payment okay on some cheques by which the money was
misappropriated, the cheques were essential alamots to prosecute the
petitioners. In the absence of those, on which the petitioners were
indicted with allegations that the payment was made in violation of the
constitution of the Samity and also that they abetted the offence, the
prosecution will not succeed in any manner. Moreover, we find that in the
absence of seizing of those cheques as alamots, there was no sufficient
materials before the Court to frame charge against the petitioners under
the aforesaid sections. Moreover, the written statement of principal
accused Nos.1 and 2 dated 14.12.2006 and 28.11.2007 before the departmental
inquiry committee shows that they did not utter a single word implicating
the petitioners.
In the aforesaid facts and circumstances, we find that the Special Judge
framed charge against the petitioners under the aforesaid sections in
violation of the settled principle of law of framing charge. The Divisional
Special Judge, Rajshahi framed charged against the petitioners, in the
absence of sufficient materials against them before it. …Zobeda Khatoon &
anr Vs. State & anr, (Criminal), 9 SCOB [2017] HCD 173
....View Full Judgment
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Zobeda Khatoon & anr Vs. State & anr, |
9 SCOB [2017] HCD 173 |
|
The form prescribed in the Criminal Rules and Order (Practice and Procedure
of Subordinate Courts), 2009 presupposes no handwritten memorandum under
column No.7. However, there is a blank space for making memorandum under
column No.8, which the recording Magistrate is required to fill up stating
the reason of his belief regarding voluntariness of the confession. …The
State Vs. Abul Kashem & ors., (Criminal), 13 SCOB [2020] HCD 103
....View Full Judgment
|
The State Vs. Abul Kashem & ors., |
13 SCOB [2020] HCD 103 |
For entertaining a review an error
|
For entertaining a review an error has to be one which is so obvious that
keeping it on the record will be legally wrong:
Further, it has now been settled that an error is necessary to be a ground
for review but it must be one which is so obvious that keeping it on the
record will be legally wrong. The moot point is, a party to a litigation is
not entitled to seek a review of judgment merely for the purpose of
rehearing or a fresh decision of the case. The power can be extended in a
case where something obvious has been overlooked-some important aspects of
the matter has not been considered, the court can reconsider the matter.
There are exceptional cases where the court can remedy its judgment. In the
alternative, it may be said that the error must also have a material real
ground on the face of the case. ...Md. Zahangir Alam & ors Vs. The State,
(Criminal), 18 SCOB [2023] AD 45
....View Full Judgment
|
.Md. Zahangir Alam & ors Vs. The State |
18 SCOB [2023] AD 45 |
How to attach weight to the testimony of witness:
|
How to attach weight to the testimony of witness:
The weight to be attached to the testimony of witness depends in a large
measure upon various consideration some of which are in the face of it his
evidence should be in consonance with probabilities and consistent with
other evidence, and should generally so fit in with material details of the
case for the prosecution as to carry conviction of truth to a prudent mind.
In a word evidence of a witness is to be looked at from point of view of
its credibility, it is quite unsafe to discard evidence of witness which
otherwise appears reasonable and probable because of some suggestion
against truthfulness of the witness. …State & ors Vs. Abul Kalam & ors,
(Criminal), 3 SCOB [2015] HCD 74
....View Full Judgment
|
State & ors Vs. Abul Kalam & ors, |
3 SCOB [2015] HCD 74 |
How weight to be attached to the testimony
|
How weight to be attached to the testimony of witness:
The weight to be attached to the testimony of witness depends in a large
measure upon various consideration some of which are in the face of it his
evidence should be in consonance with probabilities and consistent with
other evidence, and should generally so fit in with material details of the
case for the prosecution as to carry conviction of truth to a prudent mind.
In a word evidence of a witness is to be looked at from point of view of
its credibility, it is quite unsafe to discard evidence of witness which
otherwise appears reasonable and probable because of some suggestion
against truthfulness of the witness. …State Vs Md. Nurul Amin Baitha &
anr, (Criminal), 7 SCOB [2016] HCD 40
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|
State Vs Md. Nurul Amin Baitha & anr, |
7 SCOB [2016] HCD 40 |
How weight to be attached to the testimony
|
How weight to be attached to the testimony of witness:
The weight to be attached to the testimony of witness depends in a large
measure upon various consideration some of which are in the face of it his
evidence should be in consonance with probabilities and consistent with
other evidence, and should generally so fit in with material details of the
case for the prosecution as to carry conviction of truth to a prudent mind.
In a word evidence of a witness is to be looked at from point of view of
its credibility, it is quite unsafe to discard evidence of witness which
otherwise appears reasonable and probable because of some suggestion
against truthfulness of the witness. …State Vs Md. Nurul Amin Baitha &
anr, (Criminal), 7 SCOB [2016] HCD 40
....View Full Judgment
|
State Vs Md. Nurul Amin Baitha & anr, |
7 SCOB [2016] HCD 40 |
International Crimes Tribunal Matter:
|
International Crimes Tribunal Matter:
The cardinal principle of assessment of evidence is that the entire
evidence is to be considered as a whole and then a decision is to be
arrived. There is no scope to consider one statement made in
cross-examination in isolation. (Majority view) (Per Mr. Justice Syed
Mahmud Hossain, CJ) …A.T.M. Azharul Islam Vs. Chief Prosecutor, ICT,
(Criminal), 14 SCOB [2020] AD 1
It is the cardinal principle of law of evidence that hearsay evidence is to
be considered together with circumstances and the material facts depicted.
If hearsay evidence has probative value then it is admissible in evidence.
(Majority view) (Per Mr. Justice Syed Mahmud Hossain, CJ) …A.T.M. Azharul
Islam Vs. Chief Prosecutor, ICT, (Criminal), 14 SCOB [2020] AD 1
In order to incur criminal liability in a case of crime against humanity,
the accused himself need not participate in all aspects of the criminal
conduct. (Majority view) (Per Mr. Justice Syed Mahmud Hossain, CJ)
…A.T.M. Azharul Islam Vs. Chief Prosecutor, ICT, (Criminal), 14 SCOB
[2020] AD 1
It is of the essence of the crime of abetment that abettor should assist
the principal culprits towards the commission of the offence. Participation
de facto may sometimes be obscure in detail, it is established by the
presumption Juris et de jure that actual presence plus prior abetment can
mean nothing else but participation. (Majority view) (Per Mr. Justice Hasan
Foez Siddique) …A.T.M. Azharul Islam Vs. Chief Prosecutor, ICT,
(Criminal), 14 SCOB [2020] AD 1
When a charge involves hundred of victims, it is not at all necessary for
the prosecution to narrate the names of all the victims. (Majority view)
(Per Mr. Justice Hasan Foez Siddique) …A.T.M. Azharul Islam Vs. Chief
Prosecutor, ICT, (Criminal), 14 SCOB [2020] AD 1
In a criminal case the prosecution must prove the charge brought against an
accused beyond any shadow of reasonable doubt. Criminal cases are not like
civil cases. In criminal case the accused may only take the plea of not
guilty and the burden is entirely upon the prosecution to prove its case.
Cross-examination is not also necessary on the entire deposition of a
witness as it may damage the defence case. Non-cross-examination on a
certain fact would not make the deposition of a witness on that point
admitted facts. (Minority View) (Per Madam Justice Zinnat Ara) …A.T.M.
Azharul Islam Vs. Chief Prosecutor, ICT, (Criminal), 14 SCOB [2020] AD 1
....View Full Judgment
|
A.T.M. Azharul Islam Vs. Chief Prosecutor, ICT, (Criminal), |
14 SCOB [2020] AD 1 |
|
It is the unanimous view of our Court that when a forged document is
brought into a Court, private complaints subsequent to this are not
maintainable. The documents in serial No.30 and 31 (Annexure-I to this
petition) were not found to be forged by the Court where it was produced.
In a proceeding where a forged document has been used, the Court concerned
should make the complaint. Since the alleged forged document has been filed
in a Civil Court, it is for the concerned Civil Court to lodge any
complaint before the Criminal Court if it finds any forgery relating to the
said document. …Sheikh Ferozur Rahman Vs. State & another, (Criminal), 1
SCOB [2015] HCD 1
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|
Sheikh Ferozur Rahman Vs. State & another, |
1 SCOB [2015] HCD 1 |
|
In the present case being a case of drug/narcotics, it was incumbent on the
prosecution to get the seized phensedyl examined by a chemical expert to
prove that the seized articles were actually madak drobyo/drug and under
what category of madak drobyo/drug it fell. Absence of such chemical
examination and contradictions between the two sets of prosecution
witnesses, casted a shadow of doubt over the prosecution case. …Rezaul
Amin Vs. State, (Criminal), 3 SCOB [2015] HCD 116
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Rezaul Amin Vs. State, |
3 SCOB [2015] HCD 116 |
|
It appears that none of the three local witnesses were eye witnesses rather
they were asked to sign as witness, which is absolutely derogatory to the
norms of law and the BDR and the local police for inflicting penalty upon
the accused petitioners resorted to such activity which is seriously
deplorable. …Md. Abdul Kader & another Vs The State, (Criminal), 11 SCOB
[2019] HCD 79
Every citizen has a right to free movement within Bangladesh and to do any
business or profession subject to restriction imposed by law. …Md. Abdul
Kader & another Vs The State, (Criminal), 11 SCOB [2019] HCD 79
....View Full Judgment
|
Md. Abdul Kader & another Vs The State, |
11 SCOB [2019] HCD 79 |
|
It also appears from the record that at the time of framing charge
petitioner No.1 M.N. Kamal Hossain remained absent but charge was framed
accordingly and warrant of arrest was issued. By suppressing the said fact
of issuance of warrant of arrest, he moved before this Court in Criminal
Miscellaneous Case No.8151 of 2008 and on 08.06.2008 obtained Rule and
interim order of anticipatory bail for a limited period. The said interim
order was not extended. Ultimately the Rule was discharged on 21.12.2011
and the concerned Court was directed to take necessary steps to secure his
arrest.
In view of the above petitioner No.1 M.N. Kamal Hossain is a fugitive from
justice. He is not entitled to file this application before this Court and
to get any order on it. …M.N. Kamal Hossain & anr. Vs. State, (Criminal),
11 SCOB [2019] HCD 113
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M.N. Kamal Hossain & anr. Vs. State, |
11 SCOB [2019] HCD 113 |
|
In this particular case, we find that the victim grasped the genital organ
of the convict tightly and compressed it by applying force. The appellant
requested her to leave him but she did not release it, thereafter he
pressed the throat of the victim to get rid of the attack and to release
his scrotum. He had no intention or preplan to commit any offence. It was
just an accident at the event of exercising his right of private defence to
save him from his aggressive wife, the deceased. …The State & anr Vs. Md.
Abdus Salam & anr, (Criminal), 15 SCOB [2021] HCD 94
In dealing with the question as to whether more harm has been caused than
is necessary, or if that was justifiable under the prevailing
circumstances, it would be so inappropriate to adopt test of detached
objectively. That is why in some judicial decisions it has been observed
that the means which a threatened person adopts or the force he uses should
not be weighed in golden scales. …The State & anr Vs. Md. Abdus Salam &
anr, (Criminal), 15 SCOB [2021] HCD 94
The burden of proof of self-defence rests on the accused but this burden is
not an onerous as the unshifting burden which lies on the prosecution to
establish every ingredients of the offence with which the accused is
charged. …The State & anr Vs. Md. Abdus Salam & anr, (Criminal), 15 SCOB
[2021] HCD 94
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The State & anr Vs. Md. Abdus Salam & anr, |
15 SCOB [2021] HCD 94 |
In a criminal case time
|
In a criminal case time, place and manner of occurrence are required to be
strictly proved beyond reasonable doubt:
It is to be noted that in a criminal case time, place and manner of
occurrence are the 3(three) basic pillars upon which the foundation of the
case stand on and the same are required to be strictly proved beyond
reasonable doubt by the prosecution in a bid to ensure punishment for an
offender charged with an offence. If in a given case any one of the above
3(three) pillars is found lacking or proved to be untrue then it will
adversely react upon the entire prosecution story. The same thing has
happened in the instant case inasmuch as according to the prosecution story
the deceased woman was killed by drowning, whereas as per medico-legal
evidence furnished by P.W.11 Dr. Habibur Rahman, the victim was killed by
strangulation and thereafter her dead body was abandoned in the water. The
inquest-report also does bear out the aforesaid cause of death of the
victim woman. Therefore, it is clear like anything that the prosecution has
miserably failed to prove the manner of occurrence of the incident. Viewing
from this angle there is no hesitation in saying that the confession
alleged to have been made by accused Rasu Kha is not true so far as it
relates to the manner of occurrence of the incident in concerned. …The
State Vs. Rasu Kha, (Criminal), 16 SCOB [2022] HCD 161
....View Full Judgment
|
The State Vs. Rasu Kha, |
16 SCOB [2022] HCD 161 |
It is well settled principle
|
It is well settled principle that if the prosecution case is proved
otherwise beyond reasonable doubt based on evidence, the accused can be
convicted despite the seizure list witnesses denied supporting the
prosecution case i.e. recovery and seizure. ...The State Vs. Badal Kumar
Paul, (Criminal), 17 SCOB [2023] AD 43
....View Full Judgment
|
The State Vs. Badal Kumar Paul |
17 SCOB [2023] AD 43 |
In the larger interest of justice
|
In the larger interest of justice the Court may overlook a mere
irregularity or a trivial breach in the observance of any procedural law:
Depending on the facts and circumstances of a particular case in the larger
interest of justice the Court may overlook a mere irregularity or a trivial
breach in the observance of any procedural law for doing real and
substantial justice to the parties and the Court may pass any appropriate
order which will serve the interest of justice best. Procedure has always
been viewed as the handmaid of justice and not meant to hamper the cause of
justice or sanctify miscarriage of justice. It is intended to achieve the
ends of justice and normally, not to shut the doors of justice for the
parties at the very threshold. ...The State Vs. Nurul Amin Baitha and anr,
(Criminal), 18 SCOB [2023] AD 1
....View Full Judgment
|
The State Vs. Nurul Amin Baitha and anr |
18 SCOB [2023] AD 1 |
Imprisonment for life––
|
Imprisonment for life–– A death may be commuted to imprisonment for
life–– On the following grounds:-
(a) The condemned-prisoner has no significant history of prior criminal
activity.
(b) Youth of the condemned-prisoner at the time of commission of the
offence.
(c) The condemned-prisoner would not be likely to commit acts of violence
if released.
(d) Confinement of the condemned-prisoner in the condemned cell from
09.06.2005 till date i.e. for more than 7 years during which period the
sword of death has been hanging on his head. .....BLAST & another =VS=
Bangladesh & others, [1 LM (AD) 353]
....View Full Judgment
|
BLAST & another =VS= Bangladesh & others, |
1 LM (AD) 353 |
Imprisonment for life––
|
Imprisonment for life–– Five heads, namely, i) the motive for killing
the deceased; ii) last seen theory; iii) recovery of the dead body
in a gunny sack together with clothes and a knife; iv) the fact
that the two accused persons, who were stated to be brothers, were
absconding after the incident and v) the fact that Accused No.2 gave false
information. The Sessions Court, on a combination of the aforesaid five
factors, ultimately held the two accused guilty of murder and sentenced
them to imprisonment for life. There were at least eight factors
which led this Court to set aside the judgment passed by the Division
Bench of the Andhra Pradesh High Court, on the ground that cumulatively all
eight factors would lead to the conclusion that the High Court
judgment was perverse. .....Parasa Koteswararao =VS= Eede Sree Hari, [3 LM
(SC) 68]
....View Full Judgment
|
Parasa Koteswararao =VS= Eede Sree Hari, |
3 LM (SC) 68 |
Incumbit probatio qui decit, non qui negat––
|
Incumbit probatio qui decit, non qui negat–– means:– The burden of
proving a fact rests on the party who substantially asserts the affirmative
of the issue and not upon the party who denies it; for a negative is
usually incapable of proof.
The Appellate Division held that the strong admission being corroborated by
documentary evidence, it can be inferred beyond reasonable doubt that the
accused was present in Chittagong during the relevant time of occurrences
and hence, the plea of alibi taken by the defence is concocted, false and
not believable. Since the defence admitted the presence of accused at the
crime sites, the prosecution has been able to prove as to whether the
accused was involved in those incidents. (Para-127); .....Salauddin Quader
Chowdhury =VS= The Chief Prosecutor, ICT, Dhaka, [2 LM (AD) 511]
....View Full Judgment
|
Salauddin Quader Chowdhury =VS= The Chief Prosecutor, ICT, Dhaka, |
2 LM (AD) 511 |
Incumbit probatio qui decit, non qui negat––
|
Incumbit probatio qui decit, non qui negat–– means:– The burden of
proving a fact rests on the party who substantially asserts the affirmative
of the issue and not upon the party who denies it; for a negative is
usually incapable of proof.
The Appellate Division held that the strong admission being corroborated by
documentary evidence, it can be inferred beyond reasonable doubt that the
accused was present in Chittagong during the relevant time of occurrences
and hence, the plea of alibi taken by the defence is concocted, false and
not believable. Since the defence admitted the presence of accused at the
crime sites, the prosecution has been able to prove as to whether the
accused was involved in those incidents. (Para-127); .....Salauddin Quader
Chowdhury =VS= The Chief Prosecutor, ICT, Dhaka, [2 LM (AD) 511]
....View Full Judgment
|
Salauddin Quader Chowdhury =VS= The Chief Prosecutor, ICT, Dhaka, |
2 LM (AD) 511 |
Individual Culpability–
|
Individual Culpability–– While offence seriousness is one of the
elements of proportionality, culpability of the individual offender is the
other principal dimension of offence seriousness. Von Hirsch expressed harm
and individual culpability as under;
“Harm refers to the injury done or risked by the criminal act.
Culpability refers to the factors of intent, motive and circumstances that
determines how much the offender should be held accountable for his act.
Culpability, in turns, affects the assessment of harm. The consequences
that should be considered in ganging the harmfulness of an act should be
those that can fairly be attributed to the actors choice” (Von Hirsch
1986 P-64-65). (Para-867); .....Allama Delwar Hossain Sayedee =VS=
Government of Bangladesh, [2 LM (AD) 76]
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|
Allama Delwar Hossain Sayedee =VS= Government of Bangladesh, |
2 LM (AD) 76 |
Investigation officers––
|
Investigation officers–– The investigation officers do not have any
discretion to take decision as to whether he will or will not record the
events during investigation in the case diary. This is a compulsory
statutory duty for every officer to record all the events in the case
diary. This is the duty of the Officer-in-Charge to make sure that officers
subordinate to him shall record necessary entries in the case diary
properly. A case diary is an indicator how good and intellectual a police
officer is. .....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, [3 LM
(AD) 274]
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|
Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, |
3 LM (AD) 274 |
A Judge does not presides ove
|
A Judge does not presides over a criminal trial merely to see that no
innocent man is punished. A judge also presides to see that a guilty man
does not escape the tentacles of justice. That is what the justice stands
for. …Dr. Miah Md. Mohiuddin & ors Vs. The State & ors, (Criminal), 17
SCOB [2023] AD 1
....View Full Judgment
|
Dr. Miah Md. Mohiuddin & ors Vs. The State & ors |
17 SCOB [2023] AD 1 |
Justice–– What is justice––
|
Justice–– What is justice–– What is justice? How is justice related
to law? According to Lucas (1980: 3), justice “differs from benevolence,
generosity, gratitude, friendship, and compassion”. It is not something
for which we should feel grateful, but rather, something upon which we have
a right to insist. According to Plato, Justice consists of maintaining the
societal status quo. Justice is one of four civic virtues, the others being
wisdom, temperance, and courage. In an ordered state, everyone performs his
or her role and, does not interfere with others. Each person’s role is
the one for which the individual is best fitted by nature; thus, natural
law is upheld. Aristotle believed that Justice exists in the law and that
the law is “the unwritten custom of all or the majority of men which
draws a distinction between what is honourable and what is base”. The
concept of impartiality is at the core of our system of criminal justice.
(Per S. K. Sinha, J) ...Major Md. Bazlul Huda(Artillery)=VS=The State(Banga
Bandhu Murder Case), [9 LM (AD) 386]
....View Full Judgment
|
Major Md. Bazlul Huda(Artillery)=VS=The State(Banga Bandhu Murder Case), |
9 LM (AD) 386 |
The ligature mark in case of strangulation
|
The ligature mark in case of strangulation is commonly found round around
the neck and in case of hanging eyes of the deceased are found closed
according to the view expressed by experts:
The ligature mark in case of strangulation is commonly found round around
the neck but here it is found ‘ill defined and anterior aspect of the
neck’. Showing the condition of fracture of hyoid bone, Mr. Ahammad
submits that Medical Jurisprudence speaks of fracture of hyoid bone common
in strangulation but it is absent in hanging and from that point of view,
the present case is purely a case of strangulation. We find in Modi’s
Medical Jurisprudence (20th and 22nd edition), that in case of
strangulation larynx, trachea and hyoid bone (all) are often found
fractured but it is rare in hanging. In this case only hyoid bone is found
fractured. Moreover, Reddy in his Medical Jurisprudence, 34th Edition, 2017
(Page-328) found fracture of hyoid bone uncommon in strangulation but may
occur in hanging. In view of the above position, the submission of Mr.
Ahammad does not stand but supports the defence case of hanging. Moreover,
in the inquest, the IO found the eyes of the deceased closed which
according to the view expressed by Modi is also a sign that the victim’s
death was from handing. …State & anr Vs. Md. Mostafa Sarder & anr,
(Criminal), 16 SCOB [2022] HCD 188
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|
State & anr Vs. Md. Mostafa Sarder & anr, |
16 SCOB [2022] HCD 188 |
Members of Parliament are Public Servants:
|
Members of Parliament are Public Servants:
The oath that they took referred to their obligation to “faithfully
discharge the duty” upon which they were about to enter. They are public
servants since they held office by virtue of which they were authorized or
required to perform public duty. The word “office” has been used in
Articles 3 and 3D of P.O.28 of 1973 meaningfully. …Anti Corruption
Commission Vs Md. Shahidul Islam & ors, (Criminal), 6 SCOB [2016] AD 74
The Anti-Corruption Commission Act is applicable in respect of public
servant as well as “any other person”. …Anti Corruption Commission Vs
Md. Shahidul Islam & ors, (Criminal), 6 SCOB [2016] AD 74
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|
Anti Corruption Commission Vs Md. Shahidul Islam & ors, (Criminal), |
6 SCOB [2016] AD 74 |
Motive:
|
Motive:
The prosecution cannot be saddled with an exclusive responsibility of
proving motive of each of the assailants. Because it is only the assailant,
who can best say his motive for causing the death. But on that ground we
cannot lessen the credibility of alleged complicity of the
condemned-appellants in killing the victim. …State & ors Vs. Rafiqul
Islam & ors, (Criminal), 4 SCOB [2015] HCD 139
....View Full Judgment
|
State & ors Vs. Rafiqul Islam & ors, |
4 SCOB [2015] HCD 139 |
Motive:
|
Motive:
There might be, as it appears, some animosity or hostility between the
accusedappellant’s husband Ali Haider and the deceased’s father Abdur
Rashid. But there was no such enmity between the accused-appellant and
deceased’s father or mother. In view of the facts above and evidence
given by the prosecution, it is beyond our comprehension as to how and on
the basis of which the learned Session Judge became convinced with and
relied upon the prosecution case of killing Rabbi by the accusedappellant.
Since there was no such reason for the accused-appellant to have any motive
of killing an innocent minor boy of only 3 ½ years old, it seems to us
hardly possible to believe in the alleged charge of causing death of Rabbi
by the accused-appellant. …Rahima Begum VS. The State, (Criminal), 5 SCOB
[2015] HCD 84
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|
Rahima Begum VS. The State, |
5 SCOB [2015] HCD 84 |
Motive when immaterial:
|
Motive when immaterial:
In a murder case like this where the occurrence appears to be proved by the
direct evidence of the eye witnesses, the proof of motive is always
immaterial. When the proof of any grave offence depends upon the
circumstantial evidence, the motive is one of the component to find the
accused guilty. …State Vs Kalam alias Abul Kalam, (Criminal), 6 SCOB
[2016] HCD 43
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|
State Vs Kalam alias Abul Kalam, |
6 SCOB [2016] HCD 43 |
|
Mere declaration of the seizure list witnesses as hostile in no way cured
the defect of the prosecution case. …Md. Biddut alias Helal Khan Vs.
State, (Criminal), 11 SCOB [2019] HCD 90
....View Full Judgment
|
Md. Biddut alias Helal Khan Vs. State, |
11 SCOB [2019] HCD 90 |
|
Merely for the reason of political identity of a person prosecuted for an
offence punishable under the penal law it cannot be said that she has been
brought to justice on political victimization. …Begum Khaleda Zia Vs.
State & another, (Criminal), 12 SCOB [2019] HCD 146
We do not find any legal justification and cogent ground to award lesser
punishment to the principal offender Begum Zia than the other convicts who
were the abators, considering her political and social status. …Begum
Khaleda Zia Vs. State & another, (Criminal), 12 SCOB [2019] HCD 146
....View Full Judgment
|
Begum Khaleda Zia Vs. State & another, |
12 SCOB [2019] HCD 146 |
Mitigating factors to consider the lesser
|
Mitigating factors to consider the lesser punishment from death sentence to
life imprisonment;
This sentence that someone be punished in such a manner is referred to as
‘Death Sentence’, whereas the act of carrying out the death sentence is
known as execution. The execution is not only an exemplary punishment alone
that can erase the crime from the society forever. Lesser punishments may
significantly prevent or reduce the crimes from the society depending on
the good governance and awareness of the people. To consider the lesser
punishment from death sentence to life imprisonment mitigating evidence or
circumstances must be stronger than that of aggravating evidence produced
by the prosecution. In this case we find the following circumstances
outweigh the aggravating circumstances,
1. Condemned prisoner committed double murder without any apparent motive
and was suffering from mental derailment or some sort of mental disorder
and also suffering from ovarian cyst and bronchial asthma;
2. Her paternal grandmother and maternal uncle had a history of psychiatric
disorders according to exibit-15;
3. She was around 19[nineteen] year old at the relevant time and the
occurrence took place just immediately after her attaining the age of
majority;
4. She has no such significant history of prior criminal activity [criminal
cases] and
5. She had willingly surrendered to the police station soon after two days
of the occurrence. …The State Vs. Oyshee Rahman, (Criminal), 12 SCOB
[2019] HCD 238
....View Full Judgment
|
The State Vs. Oyshee Rahman, |
12 SCOB [2019] HCD 238 |
Mitigating factors to consider the lesser
|
Mitigating factors to consider the lesser punishment from death sentence to
life imprisonment;
The contention of learned Advocate Mr. S.M Abdul Mobin for the defence is
that the sentence of death is too harsh in this case because both the
accused persons tried to save the life of the victim removing him to more
than one hospital from the place of occurrence as disclosed by the
prosecution witnesses. Now the question is commutation of sentence as
pointed out by the defence to be considered or not. In true sense, it is
most difficult task on the part of a judge to decide what would be quantum
of sentence in awarding upon an accused for committing the offence when it
is proved by evidence beyond shadow of doubt but the judge should have
considered the legal evidence and materials for punishment of the
perpetrator not as a social activist [63 DLR 460, 18 BLD 81 and 57 DLR
591]. Sometimes, it depends on gravity of the offence and sometimes, it
confers upon an aggravating or mitigating factor. …The State Vs. Md.
Sharif & another, (Criminal), 12 SCOB [2019] HCD 258
In such a situation, it is a very hard job for the court to determine the
quantum of sentence whether it will be capital punishment or imprisonment
for life upon the accused persons since they played a role for saving the
victim’s life soon after occurrence as evident by the said prosecution
witnesses. At the same time it is very important to note that the victim
was completely an innocent teenager who had no fault of such dire
consequences at the hands of the accused persons. Since the determination
of awarding sentence to the accused persons is at the middle point of
views, it may turn to impose capital punishment or imprisonment for life
and that is why, the advantage of lesser one shall find the accused persons
to acquire in the instant case. More so, both the accused persons have no
significant history of prior criminal activities and their PC and PR
[previous conviction and previous records] are found nil in the police
report. In this regard it finds support from the decision in the case of
Nalu –Vs-The State, reported in 1 ALR(AD)(2012) 222 where one of the
mitigating factors was previous records of the accused. …The State Vs.
Md. Sharif & another, (Criminal), 12 SCOB [2019] HCD 258
....View Full Judgment
|
The State Vs. Md. Sharif & another, |
12 SCOB [2019] HCD 258 |
Medical evidence is not sacrosanct
|
Medical evidence is not sacrosanct and may be rejected by the Court, if
found contradictory with the symptoms found on the dead body and oral
evidence of witnesses:
It transpires from the evidence of witnesses that there was strained
relation between the husband and wife for the second marriage of the
condemned-prisoner. The fact of missing of the deceased wife before 3
(three) days of tracing her body hanged and the surrounding circumstances
lead us to believe that she might have committed suicide at the place and
in the manner for the reason of her husband’s second marriage. The
defence has been able to make out a specific and believable case of
suicidal hanging by putting suggestions to the prosecution witnesses. The
necropsy report and the evidence of doctor in support of strangulation and
intracranial haemorrhage are not a gospel truth or sacrosanct. These may be
scrutinized and rejected by the Court, if found contradictory with the
symptoms found on the dead body and oral evidence of witnesses. …State &
anr Vs. Md. Mostafa Sarder & anr, (Criminal), 16 SCOB [2022] HCD 188
....View Full Judgment
|
State & anr Vs. Md. Mostafa Sarder & anr, |
16 SCOB [2022] HCD 188 |
When dead body of the victim
|
When dead body of the victim is found in an open land mere pointing of the
location of the dead body by an accused alone cannot be taken as a legal
prove against him:
Three witnesses, namely P.W.3 Md. Ali, P.W.4 Mamun and P.W.5 Siraj have
supported the evidence of P.W.11 S.I. Sultan Mahmud that at the showing of
accused Bablu the dead body of victim Linkon was recovered. Undisputedly
the dead body of victim Linkon was found in an open agricultural land which
belonged to P.W.7 Mojibur. As such mere pointing of the location of the
dead body by an accused alone cannot be taken as a legal prove that he
committed the offence of murder unless above showing is supported by other
legal evidence proving the complicity of the accused with the act of murder
of victim Linkon. …The State Vs. Md. Shohag Howlader & anr, (Criminal),
16 SCOB [2022] HCD 206
....View Full Judgment
|
The State Vs. Md. Shohag Howlader & anr, |
16 SCOB [2022] HCD 206 |
Mass killing––
|
Mass killing–– It was not at all necessary when the charge involve
hundreds of victims. (Majority view), (Per Mr. Justice Hasan Foez
Siddique). ...A.T.M. Azharul Islam =VS= Chief Prosecutor, ICT, Bangladesh,
[9 LM (AD) 593]
....View Full Judgment
|
A.T.M. Azharul Islam =VS= Chief Prosecutor, ICT, Bangladesh, |
9 LM (AD) 593 |
Mens rea––
|
Mens rea–– Another Law point agitated by Mr. Razzak is on mens rea.
The following observation of Smith & Hogan negatives Mr. Razzak’s
complaint that the principle of mens rea was not applied by the Tribunal,
“Everyone agrees that a person intends to cause a result if he acts with
the purpose of doing so. If D has resolved to kill P and fires a loaded gun
at him with an object of doing so, he intends to kill. It is immaterial
that he is aware that he is a poor shot, that P is nearly out of range, and
that his chances of success are small. It is sufficient that killing is his
object or purpose, that he wants to kill, that he acts in order to kill”.
(Page 70, Tenth Edition Criminal Law: Smith & Hogan). In Moloney (1985, AC,
905) the House of Lords held that the mens rea of murder is intention to
cause death or serious bodily harm. So, it was essential to determine the
meaning of intention. Moloney must be read in the light of the explanation
of it by the House in Hancock and Shankland 1986, AC, 455, the Court of
Appeal in Nedrick and by the House in Woollin. When it is so read it
appears that (1) a result is intended when it is the actor’s purpose to
cause it, (2) a court or jury may also find that a result is intended,
though it is not the actor’s purpose to cause it, when- (a) the result is
virtually certain consequence of that act, and (b) the actor knows that it
is a virtually certain consequence”.
In order to establish that an accused possesses the requisite mens rea for
instigating a crime, it must be shown that the accused directly or
indirectly intended that the crime in question be committed and that the
accused intended to provoke or induce the commission of the Crime, or was
aware of the substantial likelihood that the Commission of the Crime would
be a probable consequence of his acts (Prosecutor –vs-Muvunyi, Prosecutor
–vs- linaj etal) Archbold Page-855.
Mind of a person cannot be read and hence mens rea is only to be assessed
from the attending facts and circumstances and also from the nature of the
actus reas. In this case there are ample evidence to substantiate the
allegation that the Appellant had mens rea of aiding and abetting as well
for committing the offences by himself.
On the Appellant’s participation in the offences at the dwelling of
Hazrat Ali, the Privy Council’s decision in Barendra Kumar Ghosh –v-
Emperor, the infamous Post Office Case, is relevant. In that case, a gang
went to rob a post office and all except the appellant went inside the Post
Office, killed the Post Master, but the appellant stayed out with a gun to
look around. The Privy Council opined that he also would be liable of
murder, though he was outside and did not shoot. Lord Sumner, in his part
of the Councils opinion expressed, “ Even noting, as he stood outside the
door, it is to be remembered that in crimes as in other things they also
serve who only stand and wait.” (AIR 1925 1PC) (A. H. M. Shamsuddin
Choudhury, J) …Government of Bangladesh =VS= Abdul Quader Molla, [8 LM
(AD) 375]
....View Full Judgment
|
Government of Bangladesh =VS= Abdul Quader Molla, |
8 LM (AD) 375 |
Meticulous examination––
|
Meticulous examination–– The Appellate Division opined that the High
Court Division, on thorough and meticulous examination and consideration of
the evidence on record and also other facts and circumstances rightly
acquitted both the accused-respondents by the impugned judgment and order.
In the circumstances this criminal petition for leave to appeal be
dismissed. .....The State =VS= Asif Khan Riyad & another, [1 LM (AD) 534]
....View Full Judgment
|
The State =VS= Asif Khan Riyad & another, |
1 LM (AD) 534 |
Modesty––
|
Modesty–– Modesty is the attribute of female sex and she possesses it
irrespective of her age. The question of infringing the modesty of a woman
is depended upon the customs and habit of the people. Acts which are
outrageous to morality would be outrageous to modesty of women. Modesty is
defined as the quality of being modest and in relation to woman, womanly
propriety of behavior, scrupulous chastity of thought, speech and conduct.
It is the reserve or sense of shame proceeding from instinctive aversion to
impure or coarse suggestions.
"Modesty" of a women is intimately connect with feminity including her sex.
.....Dr APM Sohrab-uz-zaman =VS=State, [1 LM (AD) 466]
....View Full Judgment
|
Dr APM Sohrab-uz-zaman =VS=State, |
1 LM (AD) 466 |
Modesty––
|
Modesty–– Modesty is the attribute of female sex and she possesses it
irrespective of her age. The question of infringing the modesty of a woman
is depended upon the customs and habit of the people. Acts which are
outrageous to morality would be outrageous to modesty of women. Modesty is
defined as the quality of being modest and in relation to woman, womanly
propriety of behavior, scrupulous chastity of thought, speech and conduct.
It is the reserve or sense of shame proceeding from instinctive aversion to
impure or coarse suggestions.
"Modesty" of a women is intimately connect with feminity including her sex.
.....Dr APM Sohrab-uz-zaman =VS=State, [1 LM (AD) 466]
....View Full Judgment
|
Dr APM Sohrab-uz-zaman =VS=State, |
1 LM (AD) 466 |
Monoism and Dualism–
|
Monoism and Dualism–– In general, two principal theories persist,
namely Monoism and Dualism on this point. Judiciary of the countries that
follow Monoism subscribe to the view that International law and Municipal
Law are concomitant aspects of the one (mono) system of law in general,
while the judiciary in those countries that adhere to the Dualism, stick to
the norm that international and municipal laws represent two diametrically
distinct legal (dual) systems, international law having an intrinsically
different character from that of municipal law. (J G Starke, Introduction
to International law, page 72). Hans Kelsen termed Dualism as pluralist
theory.
Dualists expound the view that rules of international law can not directly
and exproprio vigore be applied within the municipal sphere by State
courts, i.e in order to be so applied such rules must undergo a process of
“specific adoption” by or “specific incorporation” into, Municipal
Law, while Monoist believe such rules are auto-incorporated into the
municipal system. George Schwarzenberger (A Mannual of International Law,
Fourth Edition, Vol-1. Page 40), insists that the two schools hold
antithetically opposing views.
Dualist believe International and Municipal Laws are separate and
self-contained legal systems-contacts between them are possible but require
express or tacit recognition of the rules of the one legal system by the
other. (Page 41, Schwargenberger).
Dualism grew in strength in the nineteenth century with the development of
the pluralist doctrines of the sovereignty of state will, as propounded by
Hegel and those who followed him, with the emergence of the concept of
internal legal sovereignty.
Triepel, one of the pivotal advocates of Dualism expressed in his book
“Volkerrecht and Laudesrecht” 1899, that there are two fundamental
differences between the two systems;
(1) The subject of state law are individuals, while the subjects of
International Law are states solely and exclusively.
(2) Their judicial origins are different; the source of state law is the
will of the state itself, the source of International Law is the common
will of the states (Gemeinville).
Anzilati, another arch exponent of Dualism, however, held that the
difference lies in that Municipal law is conditioned by the fundamental
norm that state legislation is to be obeyed, while International Law is
conditioned by the doctrine of “pacta sunt servanda”, ie agreements
between the states are to be respected, and hence two systems are so
distinct that no conflict between the two are possible; there may be
references from the one to the other, but nothing more (di Diritto
Internazionale, 3rd edn 1928, Vol 1 page 43).
Dualists hold high primacy of state law basing the same on the theory of
the sovereignty of the state will, while the Monoists assert that all laws
belong to a single unity, composed of binding legal rules, whether those
rules are obligatory on states, on individuals, or on entities other than
states. They believe that there can be no escape from the position that the
two systems, because they are both systems of legal rules, are interwoven
parts of one legal structure. Dualists’ argument on the Primacy of
Municipal Law lies on the claim that states enjoy the very widest liberties
and exercise complete sovereignty, while Monoists say States sovereignty is
conditioned by the limits International Law imposes.
Since, according to positivists theory, International Law and Municipal Law
constitute two strictly separate and structurally different systems, the
former can not impinge upon state law unless the latter, a logically
different system, allows its constitutional machinery to be used for that
purpose. (J G Strake supra, page 76).
In the cases of treaties, rules regarding transformation of treaty into
state law, i.e. by legislative approval of the treaty, which is not merely
a formal but a substantive requirement, alone vindicates the extension to
individuals of the rules laid down in treaties.
While the US courts generally follow Monoist School, British courts draw a
distinction between. i) Customary rules of International Law on the one
hand and ii) the rules laid down by treaties, on the other.
So far as the treaties are concerned, British courts consistently and
without ambiguity follow Dualism i.e, adoption theory, stubbornly in that
they do not give effect to any treaty provision which has not been
specifically adopted domestically by legislation. So far as rules of
Customary International law are concerned, however, the scenario is
inflicted with some obscurity engendered by divergent judicial views,
finally suggesting that in case of conflict domestic law must prevail. (A.
H. M. Shamsuddin Choudhury, J) …Government of Bangladesh =VS= Abdul
Quader Molla, [8 LM (AD) 375]
....View Full Judgment
|
Government of Bangladesh =VS= Abdul Quader Molla, |
8 LM (AD) 375 |
Natural and competent witness:
|
Natural and competent witness:
Although the P.W.2 is the mother of the deceased but she is a natural and
competent witness. Her evidence cannot be discarded only because of her
relation with the deceased. …Md. Tasli alias Taslim & anr Vs. State,
(Criminal), 8 SCOB [2016] HCD 140
....View Full Judgment
|
Md. Tasli alias Taslim & anr Vs. State, |
8 SCOB [2016] HCD 140 |
|
The prosecution case cannot be shaken only because the eye witnesses belong
to the same family because in a case of dacoity the eye witnesses of the
occurrence are always the inmates of the house in which the dacoity is
committed. …Hemayet Mollah Vs. State, (Criminal), 11 SCOB [2019] HCD 1
....View Full Judgment
|
Hemayet Mollah Vs. State, (Criminal), |
11 SCOB [2019] HCD 1 |
Prosecution to prove time, place and manner:
|
Prosecution to prove time, place and manner:
In the instant case, the rickshaw puller was a vital witness, but he was
not produced before the Court by the prosecution. No GD entry was lodged
about the alleged threat made by the accused persons. From the evidence of
the informant (brother of the deceased), it appears that he had no
knowledge about by whom his brother was taken away from the street and
murdered him when the victim allegedly at night following 09.02.2001 was
going to his uncle’s house at Narindi from Chalar Bazar through a
rickshaw. In the following morning, the dead body of the victim was found
in Singua Fakir Sahabuddin Girls High School with a scarf around his neck.
It is not clear from the evidence as adduced by the prosecution that under
what circumstances, wherefrom and when the deceased started for Narindi
from Chalar Bazar through a rickshaw and wherefrom he was missing. So, the
prosecution failed to prove time, place and manner of occurrence having
produced reliable evidence and this case is based on unlinked
circumstantial evidence. …The State & ors Vs. Md. Rafiqul Islam & ors,
(Criminal), 16 SCOB [2022] HCD 138
....View Full Judgment
|
The State & ors Vs. Md. Rafiqul Islam & ors, |
16 SCOB [2022] HCD 138 |
The prosecution case that the victim
|
The prosecution case that the victim was made senseless on torture or
murdered earlier and thereafter her body was suspended at the place and in
the manner to screen the offence is not at all believable because it is not
based on rationality:
As per inquest the height between the suspended point and the wooden
ceiling was 4½ (four and a half) feet and the victim was 5 (five) feet
tall. A rafter (রুয়া) of a tin shed house is one of a series of
slopped wooden structural members that extend from the ridge or hip to the
wall plate, downslope perimeter or eave and that are designed to support
the roof shingles, roof dock and its associated load. As per sketch map,
the lower part of the rafters of the occurrence house were slopping and
down to the wall plate to fix roof of tin on it which is common in this
country. Therefore, in case of self hanging from the rafter, it was
possible for the victim to receive a strike/blow on her head from it
resulting haematoma and intracranial haemorrhage which has been found in
the autopsy. It may be noted here that no other external injury was found
on the person of the deceased. If the condemned-prisoner assaulted the
victim or strangulated her by force, there could have been some marks of
violence or other injuries such as scratch mark on the throat or other
parts of the body. It was almost impossible for the condemned-prisoner to
take the victim’s body on the entresol of the house through a ladder or
stair generally used in such a tin shed house after making her senseless.
Therefore, the prosecution case that the victim was made senseless on
torture or murdered earlier and thereafter her body was suspended at the
place and in the manner to screen the offence is not at all believable. It
may further be noted here that the doctor found one of the cause of
victim’s death by strangulation and it was antemortem. If she was hanged
after her death as stated in the FIR and found by the trial Judge, the
ligature mark found around the neck would be of postmortem, it would not in
any case be antemortem. …State & anr Vs. Md. Mostafa Sarder & anr,
(Criminal), 16 SCOB [2022] HCD 188
....View Full Judgment
|
State & anr Vs. Md. Mostafa Sarder & anr, |
16 SCOB [2022] HCD 188 |
The prosecution case that the victim
|
Protrusion of tongue is found in most of the hanging cases but not in
strangulation:
In the necropsy report (exhibit-4) the doctors found deceased’s tongue
protruded due to gas and PW8 doctor deposed ‘জিব্বা
আংশিকভাবে বাহির হইয়াছিল’ which
supports the inquest report. In that case, as per Reddy’s book of
‘Essentials of Forensic Medicine and Toxicology’, 34th Edition, 2017
(Page 328, serial No. 13 of the table) the death was for hanging but not of
strangulation. The tongue position in case of homicidal death by
strangulation and in case of suicidal hanging as published in
‘International Journal of Legal Medicine’ further shows that in the
survey they have found protrusion of tongue in most of the hanging cases
but not in strangulation. …State & anr Vs. Md. Mostafa Sarder & anr,
(Criminal), 16 SCOB [2022] HCD 188
....View Full Judgment
|
Protrusion of tongue is found in most |
16 SCOB [2022] HCD 188 |
The principles governing the sentencing
|
The principles governing the sentencing policy in our criminal
jurisprudence have more or less been consistent. While awarding punishment,
the Court is expected to keep in mind the facts and circumstances of the
case, the legislative intent expressed in the statute in determining the
appropriate punishment and the impact of the punishment awarded. Before
awarding punishment a balance sheet of aggravating and mitigating
circumstances has to be drawn up and in doing so the mitigating
circumstances have to be accorded full weightage and a just balance has to
be struck between the aggravating and mitigating circumstances. Considering
the depraved and shameful manner in which the offence has been committed,
the mitigating factor would not outweigh the aggravating factors. In this
case, there was no provocation and the manner in which the crime was
committed was brutal. It is the legal obligation of the Court to award a
punishment that is just and fair by administering justice tempered with
such mercy not only as the criminal may justly deserve but also the right
of the victim of the crime to have the assailant appropriately punished is
protected. It also needs to meet the society’s reasonable expectation
from court for appropriate deterrent punishment conforming to the gravity
of offence and consistent with the public abhorrence for the heinous
offence committed by the convicts. …Dr. Miah Md. Mohiuddin & ors Vs. The
State & ors, (Criminal), 17 SCOB [2023] AD 1
....View Full Judgment
|
Dr. Miah Md. Mohiuddin & ors Vs. The State & ors |
17 SCOB [2023] AD 1 |
Performing duty as Judge–
|
Performing duty as Judge–– While affirming the award of sentence of
death, a person who used to work as Judge may not support the capital
sentence but while performing his duty as Judge he is bound by law and
fact. He is to decide the issue of awarding the sentence considering the
gravity of the offence. While affirming this sentence as a Judge we must
take into consideration the relevant laws, facts, evidence and situation of
the relevant time. (Para-32); .....Ali Ahsan Muhammad Mujahid =VS= The
Government of Bangladesh, [2 LM (AD) 65]
....View Full Judgment
|
Ali Ahsan Muhammad Mujahid =VS= The Government of Bangladesh, |
2 LM (AD) 65 |
Plea of alibi––
|
Plea of alibi–– Mr. Khondker Mahbub Hossain, learned Counsel appearing
on behalf of the appellant drew our attention to the issues of some
newspapers dated 08.11.1971 , 11.11.1971, 23.11.1971, 8.12.1971 and
11.12.1971 and submitted that the appellant was in Dhaka and communication
between Chittagong and Dhaka was in fact collapsed from the month of
November 1971 to 16 December, 1971. Learned Counsel failed to show any
evidence that the communication was totally disrupted at the relevant
time and that all the ways of movement from Dhaka to Chittagong were
disconnected. His submission is unacceptable in view of the documentary
evidence published in “The Dainik Azadi” on 04.12.1971. Contents of
which were: : “আজ পূর্ব
পাকিস্তানের ইসলাম
ছাত্রসংঘের সভাপতির
চট্টগ্রামে আগমন ” বার্তা
পরিবেশক, “ পাকিস্তান ইসলামী
ছাত্র সংঘের পূর্ব
পাকিস্তানের শাখার সভাপতি
জনাব আলী আহসান মোহাম্মদ
মুজাহীদের ৩ দিনের সফরে আজ
ঢাকা থেকে আসিয়া পোঁছাবেন।
এখানে অবস্থানকালে তিনি
দলীয় কর্মীদের এবং রাজনৈতিক
নেতৃবৃন্দদের সহিত দেশের
বর্তমান পরিস্থিতি
সম্পর্কে আলোচনা করবেন এবং
সুধী সমাবেশে বক্তৃতা
করিবেন বলিয়া এক প্রেস
রিলিজে বলা হইয়াছে ” ।
From the aforesaid news item, the submission of Mr. Khandaker Mahbub
Hossain is devoid of substance. It is quite natural that since the
President of EP ICS went to Chittagong on 25.11.1971 after taking decision
on 24.11.1971, the appellant, who was in Charge of Chittagong Division, ICS
and former leader of Chittagong town unit, ICS and local commander of
Al-Badar Bahini would go and stay in Chittagong between 19th November,
1971 and 15 December, 1971. So the alibi, plea taken by the appellant
does not carry any force. (Paras-197 & 198); .....Mir Quasem Ali =VS= The
Chief Prosecutor, ICT, Dhaka, [2 LM (AD) 364]
....View Full Judgment
|
Mir Quasem Ali =VS= The Chief Prosecutor, ICT, Dhaka, |
2 LM (AD) 364 |
Plea of alibi––
|
Plea of alibi–– Mr. Khondker Mahbub Hossain, learned Counsel appearing
on behalf of the appellant drew our attention to the issues of some
newspapers dated 08.11.1971 , 11.11.1971, 23.11.1971, 8.12.1971 and
11.12.1971 and submitted that the appellant was in Dhaka and communication
between Chittagong and Dhaka was in fact collapsed from the month of
November 1971 to 16 December, 1971. Learned Counsel failed to show any
evidence that the communication was totally disrupted at the relevant
time and that all the ways of movement from Dhaka to Chittagong were
disconnected. His submission is unacceptable in view of the documentary
evidence published in “The Dainik Azadi” on 04.12.1971. Contents of
which were: : “আজ পূর্ব
পাকিস্তানের ইসলাম
ছাত্রসংঘের সভাপতির
চট্টগ্রামে আগমন ” বার্তা
পরিবেশক, “ পাকিস্তান ইসলামী
ছাত্র সংঘের পূর্ব
পাকিস্তানের শাখার সভাপতি
জনাব আলী আহসান মোহাম্মদ
মুজাহীদের ৩ দিনের সফরে আজ
ঢাকা থেকে আসিয়া পোঁছাবেন।
এখানে অবস্থানকালে তিনি
দলীয় কর্মীদের এবং রাজনৈতিক
নেতৃবৃন্দদের সহিত দেশের
বর্তমান পরিস্থিতি
সম্পর্কে আলোচনা করবেন এবং
সুধী সমাবেশে বক্তৃতা
করিবেন বলিয়া এক প্রেস
রিলিজে বলা হইয়াছে ” ।
From the aforesaid news item, the submission of Mr. Khandaker Mahbub
Hossain is devoid of substance. It is quite natural that since the
President of EP ICS went to Chittagong on 25.11.1971 after taking decision
on 24.11.1971, the appellant, who was in Charge of Chittagong Division, ICS
and former leader of Chittagong town unit, ICS and local commander of
Al-Badar Bahini would go and stay in Chittagong between 19th November,
1971 and 15 December, 1971. So the alibi, plea taken by the appellant
does not carry any force. (Paras-197 & 198); .....Mir Quasem Ali =VS= The
Chief Prosecutor, ICT, Dhaka, [2 LM (AD) 364]
....View Full Judgment
|
Mir Quasem Ali =VS= The Chief Prosecutor, ICT, Dhaka, |
2 LM (AD) 364 |
Police Culture––
|
Police Culture–– The “culture” of a police department reflects what
that department believes in as an organization. These beliefs are reflected
in the department’s recruiting and selection practices, policies and
procedures, training and development, and ultimately, in the actions of its
officers in law enforcement situations. Clearly, all police departments
have a culture. The key question is whether that culture has been carefully
developed or simply allowed to develop without benefit of thought or
guidance. There are police agencies, for example, where police use of force
is viewed as abnormal. Thus, when it is used, the event receives a great
deal of administrative attention. Such a response reflects the culture of
that department: the use of force is viewed and responded to as an atypical
occurrence. Contrast such a department with one which does not view the use
of force as abnormal. And, most importantly, the culture of the department
is such that officers come to view the use of force as an acceptable way of
resolving conflict. It is clear that the culture of a police department, to
a large degree, determines the organization’s effectiveness. That culture
determines the way officers view not only their role, but also the people
they serve. The key concern is the nature of that culture and whether it
reflects a system of beliefs conducive to the nonviolent resolution of
conflict. It is also important to recognize that the culture of a police
department, once established, is difficult to change. Organizational change
within a police agency does not occur in a revolutionary fashion. Rather,
it is evolutionary. .....Ministry of Law, Justice & Parl. Afrs. =VS=
BLAST, [3 LM (AD) 274]
....View Full Judgment
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.Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, |
3 LM (AD) 274 |
Presumption of fact:––
|
Presumption of fact:–– A public servant while discharging public duty
seizes any contraband goods or article from a person, it will be presumed
that he has acted in accordance with law–– It is now settled that a
public servant while discharging public duty seizes any contraband goods or
article from a person, it will be presumed that he has acted in accordance
with law. It is a presumption of fact. If the recovery and seizure are made
in accordance with law, it is difficult to disbelieve the evidence of the
seizing officer unless inherent infirmities are revealed in course of cross
examination. Therefore, the onus lies upon the accused to show that no such
arm was recovered from his possession. It is now settled that the
non-examination of public witnesses is not a legal ground to disbelieve the
prosecution case. This view has been taken on consideration of the present
socio-economic condition and on the rise of criminal acts. Normally, the
public witnesses are not willing to depose against the terrorist persons
for fear of reprisal or other reasons. That will not disprove the recovery
of arms. The High Court Division has totally ignored that aspect of the
matter. The judgment of the High Court Division is set aside. The accused
respondent shall get the benefit of section 35A of the Code of Criminal
Procedure. .....The State =VS= Md. Ali Reza, [5 LM (AD) 247]
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The State =VS= Md. Ali Reza, |
5 LM (AD) 247 |
Retraction of the confession:
|
Retraction of the confession:
It is well settled proposition of law that the retraction of the confession
was wholely immaterial once it was found that it was voluntary as well as
true. …State & ors Vs. Mufti A. Hannan & ors, (Criminal), 9 SCOB [2017]
HCD 52
In this sub-continent it is by now well settled proposition that the maxim
‘falsus in uno, falsus in omnibus [false in one thing, false in
everything] is not a sound rule of practice and it should not be applied
mechanically. Therefore, it is the duty of the Court, in case where a
witness has been found to have given unreliable evidence in regard to
certain particulars, to scrutiny the rest of his evidence with care and
caution. If the remaining evidence is trustworthy and substratum of the
prosecution case remains in fact then the court should uphold the
prosecution case to the extent it is considered safe and trustworthy.
Courts have, however to attempt to separate the chaff from the grain in
every case. They can not abandoned this attempt on the ground that the case
is baffling unless the evidence is really so confusing or conflicting that
the process cannot be reasonably carried out. …State & ors Vs. Mufti A.
Hannan & ors, (Criminal), 9 SCOB [2017] HCD 52
It is the settled proposition of law that in a joint trial where more
persons than one are being tried jointly for the same offence, a confession
made by any of them affecting himself and any of his co-accused can be
taken into consideration by the Court not only against the maker of the
confession but also against the co-accused, it may not be an evidence
within the strict meaning of the term but it can be used to lend assurance
to other evidence on record. …State & ors Vs. Mufti A. Hannan & ors,
(Criminal), 9 SCOB [2017] HCD 52
It is also well settled in our jurisdiction that the Court of Sessions or
the High Court Division has no jurisdiction to interfere with the
discretion of the Magistrate in the matter of taking cognizance of any
offence irrespective of the facts whether the offence is triable by Court
of Session or not. …State & ors Vs. Mufti A. Hannan & ors, (Criminal), 9
SCOB [2017] HCD 52
The Appellate Division in the case of Mr. Haripada Biswas Vs. The State and
another, reported in 6 BSCR (AD), page-83 also held that Court of Session
is precluded from talking cognizance offence as a Court of original
jurisdiction. …State & ors Vs. Mufti A. Hannan & ors, (Criminal), 9 SCOB
[2017] HCD 52
It is by now well settled that cognizance of offence can be taken only once
either by the Magistrate or by the Sessions Court. …State & ors Vs. Mufti
A. Hannan & ors, (Criminal), 9 SCOB [2017] HCD 52
It is well settled that the prosecution is not bound to examine each and
every witnesses cited in the charge-sheet. Public prosecution has to take
decision in that regard in a fair manner. If the prosecution felt that its
case has been well established through the witnesses examined, it cannot be
said that non-examination of some persons rendered its version vulnerable.
…State & ors Vs. Mufti A. Hannan & ors, (Criminal), 9 SCOB [2017] HCD 52
....View Full Judgment
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State & ors Vs. Mufti A. Hannan & ors, |
9 SCOB [2017] HCD 52 |
The rule as regards sufficiency
|
The rule as regards sufficiency of circumstantial evidence:
The rule as regards sufficiency of circumstantial evidence to be the basis
of conviction is that the facts proved must be incompatible with the
innocence of the accused and incapable of explanation by any other
reasonable hypothesis than that of his guilt. If the circumstances are not
proved beyond reasonable doubt by reliable and sufficient evidence and if
at all proved but the same cumulatively do not lead to the inevitable
conclusion or hypothesis of the guilt of the accused alone but to any other
reasonable hypothesis compatible with the innocence of the accused then it
will be a case of no evidence and the accused should be given benefit of
doubt. If there is any missing link in the chain of circumstances, the
prosecution case is bound to fail. In a case based on circumstantial
evidence, before any hypothesis of guilt can be drawn on the basis of
circumstances, the legal requirement is that the circumstances themselves
have to be proved like any other fact beyond a reasonable doubt. If the
witness examined to prove the circumstances are found to be unreliable or
their evidence is found to be unacceptable for any other reason the
circumstances cannot be said to have been proved and therefore there will
be no occasion to make any inference of guilt against the accused.
Circumstantial evidence required a high degree of probability, from which a
prudent man must consider the fact that the life and liberty of the accused
person depend upon his decision. All facts forming the chain of evidence
must point conclusively to the guilt of the accused and must not be capable
of being explained on any other reasonable hypothesis. Where all the
evidence is circumstantial it is necessary that cumulatively its effect
should be to exclude the reasonable hypothesis of the innocence of the
accused. …The State & ors Vs. Md. Rafiqul Islam & ors, (Criminal), 16
SCOB [2022] HCD 138
It is the established principle that the circumstances to be related upon
by the prosecution must be fully established and the chain of evidence
furnished by the circumstances should be so far complete as not to leave
any reasonable ground for a conclusion consistent with the innocence of the
accused. The prosecution should have to prove various links in the chain of
evidence to connect the accused and must clearly be established. The
complete chain must be such as to rule out a reasonable likelihood of the
innocence of the accused. The court is required to satisfy its test to
prove a case on circumstantial evidence. Firstly, the circumstances from
which an inference of guilt is sought to be drawn must be cogently and
firmly established. Secondly, those circumstances must be of a definite
tendency are unerringly pointing toward the guilt of the accused, and
thirdly, the circumstances taken cumulatively should follow a chain so
complete that there is no escape from the conclusion that within all human
probability the crime was committed by the accused and none else. …The
State & ors Vs. Md. Rafiqul Islam & ors, (Criminal), 16 SCOB [2022] HCD
138
It is a settled law that suspicion or doubt however strong might be, cannot
be the basis of conviction. …The State & ors Vs. Md. Rafiqul Islam & ors,
(Criminal), 16 SCOB [2022] HCD 138
....View Full Judgment
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The State & ors Vs. Md. Rafiqul Islam & ors, |
16 SCOB [2022] HCD 138 |
Trial Court cannot hold something
|
Trial Court cannot hold something to be forged unless evidence is adduced
to that effect:
In this regard, it is relevant to mention that an opinion of the Ministry
of Law, Justice and Parliamentary Affairs was attached to the memo dated
14.08.2005 (exhibit-4) in which opinion was given in favour of mutating the
tea estate in the name of the petitioner No. 1. The trial Court held that
the said opinion was also forged. Be that as it may, the prosecution never
alleged that the opinion in question was forged. It did not produce any
evidence to that effect. Therefore, the finding of the trial Court cannot
be sustained. …Abdul Hye & anr Vs. The State & anr, (Criminal), 16 SCOB
[2022] HCD 178
....View Full Judgment
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Abdul Hye & anr Vs. The State & anr, |
16 SCOB [2022] HCD 178 |
There must be accountability for gruesome
|
There must be accountability for gruesome violations of our penal law:
We insist on accountability for gruesome violations of our penal law
because that is how we defend the law and demonstrate our insistence on
respect for the law going forward in a progressive legal system. If we fail
to ensure accountability across the legal system by ending impunity, we
risk undermining the very beneficial effects to which the nascent
accountability drive that has built over the past decades. That is the
final message we would wish to propel in adjudicating this significant
criminal review. ...Md. Zahangir Alam & ors Vs. The State, (Criminal), 18
SCOB [2023] AD 45
....View Full Judgment
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.Md. Zahangir Alam & ors Vs. The State |
18 SCOB [2023] AD 45 |
Untrue confession is not tenable in law:
|
Untrue confession is not tenable in law:
From the aforesaid discussions it transpires palpably that the unknown
deceased woman was killed by strangulation (k¦vm‡iva), not by drowning
(Pzwe‡q) as was disclosed by accused Rasu Kha in his confessional
statement. Thus, it is clear that the deceased victim woman was killed not
in the manner as was stated by accused Rasu Kha which has miserably exposed
the untrue character of his alleged confession rendering the veracity of
the same highly questionable as well as untenable in law. …The State Vs.
Rasu Kha, (Criminal), 16 SCOB [2022] HCD 161
....View Full Judgment
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The State Vs. Rasu Kha, |
16 SCOB [2022] HCD 161 |
Under no circumstances
|
Under no circumstances, a judge should abandon his high place of impartial
arbiter and assume the role of a prosecutor, however altruistic its motive
may be:
Having ignored the medico-legal evidence the trial court also presumed that
the scar marks and other injuries found on the person of the victim woman
are of old nature. But, on the basis of those scar marks including other
injuries found on the chest and female organ of the victim woman P.W.11 Dr.
Habibur Rahman categorically opined that the victim woman was subjected to
rape before her death. In such a scenario, without any tangible materials,
there is left no room for the learned Additional Sessions Judge to presume
that those injury and bite marks were old in character. It is to be
recalled that a judge is considered to be an impartial and neutral arbiter.
Under no circumstances, he should abandon his high place of impartial
arbiter and assume the role of a prosecutor, however altruistic its motive
may be. …The State Vs. Rasu Kha, (Criminal), 16 SCOB [2022] HCD 161
....View Full Judgment
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The State Vs. Rasu Kha, |
16 SCOB [2022] HCD 161 |
Value of evidence by child witness:
|
Value of evidence by child witness:
The prosecution witness Nos. 6 and 7 are daughter and son of the victims
and these two witnesses lost their parents in the alleged incident, they
are most probable and natural witnesses of this alleged incident of murder
and they narrated the vivid picture of what had happened on the alleged
date of occurrence and how their parents had died by this unfortunate
incident, though they are child witnesses, they witnessed the major part of
the incident and having testified about the factum of the occurrence. They
have not been shaken in cross examination. Their evidence can be relied
upon as they are capable of understanding and replied the questions
intelligently, which corroborated with the post mortem report and other
evidence on record. …Abdus Salam & ors. Vs. State, (Criminal), 6 SCOB
[2016] HCD 82
The evidence of interested, inter-related and partisan witnesses must be
closely scrutinized before it is accepted. …Abdus Salam & ors. Vs. State,
(Criminal), 6 SCOB [2016] HCD 82
The ocular evidence of prosecution witnesses supported by post mortem
report with regard to the injury no. 1 and 2 cannot be disbelieved.
Further, the medical evidence is only corroborative in nature, in that
view, the ocular evidence of the eye-witnesses, which substantially
corroborates the injuries on the person of the deceased Rokshana, must be
accepted. …Abdus Salam & ors. Vs. State, (Criminal), 6 SCOB [2016] HCD 82
....View Full Judgment
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Abdus Salam & ors. Vs. State, |
6 SCOB [2016] HCD 82 |
Value of circumstantial evidence in a wife
|
Value of circumstantial evidence in a wife killing case:
In a wife killing case, there could be no eye-witness of the occurrence,
apart from the inmates of the house who may refuse to tell the truth, the
neighbors may not also come forward to depose. The prosecution is,
therefore, necessarily to rely on circumstantial evidence. …State & anr
Vs Aynal Haque & anr, (Criminal), 7 SCOB [2016] HCD 106
....View Full Judgment
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State & anr Vs Aynal Haque & anr, |
7 SCOB [2016] HCD 106 |
Victims' Right––
|
Victims' Right–– Consideration of victims' rights now stand universally
recognised. It is reckoned that the Court in sentencing an offender should
not confine itself to the fundamental rights of the accused only, but must
also take account of the victims' predicaments and rights. The Appellate
Division is of view this concept is of particular importance in the context
of the atrocities that were perpetrated during glorious war of liberation,
as literally, the entire populace, save a handful of anti liberationists,
were victims of those atrocities. .....Muhammad Kamaruzzaman =VS= Chief
Prosecutor, International Crimes Tribunal, Dhaka, [4 LM (AD) 392]
....View Full Judgment
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Muhammad Kamaruzzaman =VS= Chief Prosecutor, International Crimes Tribunal, Dhaka, |
4 LM (AD) 392 |
When presence of the witness
|
When presence of the witness at the place of occurrence is not challenged,
his/her presence is deemed to be admitted:
What is remarkable to mention here is that presence of Laboni at the place
of occurrence at the relevant time has not been challenged by the defence
in her crossexamination. Therefore, it is deemed to have been admitted by
the defence that Laboni a child aged about 71⁄2 years was present at the
time of occurrence. …Md. Abdul Haque Vs. The State, (Criminal), 15 SCOB
[2021] AD 58
....View Full Judgment
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Md. Abdul Haque Vs. The State, (Criminal), |
15 SCOB [2021] AD 58 |
Absence of motive demands deeper forensic
|
Absence of motive demands deeper forensic search of the evidence:
It is true that proof of motive is not necessary to sustain a conviction
but when the prosecution puts forward a specific case as to motive for the
crime, the evidence regarding the same has to be considered in order to
judge the probabilities. Proof of motive satisfies the judicial mind about
the likelihood of the authorship of the crime. In its absence, it demands
deeper forensic search of the evidence. …Md. Humayun Kabir Vs. The State,
(Criminal), 15 SCOB [2021] AD 76
Competency of a child witness to testify:
A child may be allowed to testify, if the court is satisfied that the child
is capable of understanding the question put to him and give rational
answers to the Court. Before examining a child as a witness the Court
should know his intellectual capacity by putting a few simple and ordinary
question to him and should also record a brief proceeding of the inquiry.
…Md. Humayun Kabir Vs. The State, (Criminal), 15 SCOB [2021] AD 76
The evidentiary value of extra-judicial confession depends upon the
veracity of the witnesses to whom it is made and the circumstances in which
it is made:
It is the duty of the Court to look into the surrounding circumstances and
to find whether the extra-judicial confession is not inspired by any
improper or collateral consideration or circumvention of the law suggesting
that it may not be true one. The evidentiary value of such statement
depends upon the veracity of the witnesses to whom it is made and the
circumstances in which it came to be made and actual word used by the
accused. Such statement must pass the test of reproduction of exact words,
the reason or motive of making such statement. …Md. Humayun Kabir Vs. The
State, (Criminal), 15 SCOB [2021] AD 76
When accused is entitled to benefit of doubt:
Court’s decision must rest not upon suspicion but upon legal grounds
establish by legal testimony. Mere suspicion, however, strong, cannot take
the place of proof. It is well settled principle that where on the evidence
two possibilities are open, one which goes in favour of prosecution and the
other benefits the accused, the accused is entitled to the benefit of
doubt. …Md. Humayun Kabir Vs. The State, (Criminal), 15 SCOB [2021] AD 76
....View Full Judgment
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Md. Humayun Kabir Vs. The State, (Criminal), |
15 SCOB [2021] AD 76 |
When to prove motive in a criminal case:
|
When to prove motive in a criminal case:
In criminal cases, the prosecution is not required to prove the motive
behind the crime but if the prosecution assigned the motive behind the
crime, it must prove it. …The State & ors Vs. Md. Rafiqul Islam & ors,
(Criminal), 16 SCOB [2022] HCD 138
....View Full Judgment
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The State & ors Vs. Md. Rafiqul Islam & ors, |
16 SCOB [2022] HCD 138 |
When a case against an accused
|
When a case against an accused rests completely on circumstantial evidence,
the prosecution is required to prove the motive:
In a criminal case, motive assumes considerable significance. Where there
is a clear proof of motive for the offence, that lends additional support
to the finding of the Court that the accused is guilty. When a case against
an accused rests completely on circumstantial evidence, the prosecution is
required to prove the motive of the accused for committing the offence.
…Dr. Miah Md. Mohiuddin & ors Vs. The State & ors, (Criminal), 17 SCOB
[2023] AD 1
....View Full Judgment
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Dr. Miah Md. Mohiuddin & ors Vs. The State & ors |
17 SCOB [2023] AD 1 |