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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, (Criminal), 2017 (1)- [2 LM (AD) 76] ....View Full Judgment
This appeal is partly allowed in the terms that the sentence of death of
the appellant-Amjad Shah is altered to that of life imprisonment under
Section 302(b) PPC. The remaining punishment of fine and imprisonment in
case of default thereof shall remain intact. He shall also be entitled to
the benefit of Section 382-B Cr.P.C. .....Amjad Shah =VS= The State,
(Criminal), 2017 (2)– [3 LM (SC) 105] ....View Full Judgment
The advantage derived from doubt about guilt, a possible error or the
weight of the evidence. In a criminal case the accused gets the benefit of
doubt.
If the facts and circumstances are susceptible of two interpretations, one
in favour of the prosecution and the other in support of the defence
version then the rule which applies to circumstantial evidence would
prevail and the benefit of doubt, if any would have to go to the accused.
The doubt must be such as reasonable men may reasonably entertain and not
the doubt of a weak and vacillating mind. ….. (Jamal Vs. State (1986) 38
DLR 284)
Benefit of accused goes to the accused if doubt arises. ….. [State Vs.
Manik Bala (1989) 41 DLR 435]
Evidence being contradictory on the question of recognition and there being
no circumstantial evidence lending support to the deposition of the sole
eye witness, the prosecution case cannot be found to have been proved
beyond reasonable doubt. ….. [Nurul and Others vs. State 14 BLD (HCD)
221]
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, (Criminal), 2021(1) [10 LM (AD) 619] ....View Full Judgment
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