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State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ocedure, 1898 (V of 1898), Section 561A When the case is at the investigation stage, legality or admissibility of statements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......rsons were also examined under section 342 of the Code of Criminal Procedure who again pleaded not guilty and led evidence. The accused Harish stated that he was assaulted by the police for making of confessional statement. 6. In considering the evidence on record, the learned Judge found the a..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......from jurisdiction point it is a case of no evidence as there is no eye witness of the occurrence. The conviction and sentence of the petitioner No. 2 has been passed on the basis of an uncorroborated confessional statement of the convict who in his statement under section 342 Cr.P.C. clearly asserte..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
.... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......me and fame and professional image out of business rivalry over medical clinic business and police is behind the petitioners and if they were arrested they would be seriously manhandled for obtaining confession from them and the case has been filed against them so that they could not get any relief ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......P.W.8 Md. Kamaluddin Ahmed, Thana Nirbahi Officer, Dhunat, Bogra stated that in 1991 he was Magistrate at Natore. P.W.9 Korban Ali brought before him accused Afaz on 17-10-92 and he recorded his confessional statement after giving him time for reflection. He recorded the confessional statement ..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
....e occurrence and the other witnesses examined did not support the prosecution case at all. He further submits that the confessional statements of other a appellants excepting Bimal Chandra are wholly exculpatory in nature and, as such, those cannot be relied upon. 6. The learned Advocate for the ......informant of the case and father of the victim girl is not an eye-witnesses in the occurrence and the other witnesses examined did not support the prosecution case at all. He further submits that the confessional statements of other a appellants excepting Bimal Chandra are wholly exculpatory in natu..Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......ad body of Morium and sent it to the morgue for post mortem examination. Thereafter accused Giasuddin, Dula and Abul Kashem were arrested by the police and produced before a Magistrate when they made confessional statements under section 164 Cr.P.C. After investigation, the police submitted charge..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ...... including the doctor who held the post‑mortm examination on the dead body of deceased Kalam. It may be mentioned that out of the 9 accused, 3 accused namely Abdur Rahim, Jamal and Islam made their confessional statements under section 164 CrPC before the learned Magistrate. The accuseds did not e..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......llip;……………….Respondents Judgment August 23, 1992. Result: All the appeals are allowed. Manner of recording confession of an accused Sub-section 164 (3) speaks of the manner as to how a confession of an ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......led the Investigating officer to a bamboo clump near Mathura ghat and dug out the dead body of the Chairman from under the clump. Accused Akbar was then produced before a Magistrate to whom he made a confession implicating himself and two others, The Assistant Surgeon of Pabna Sadar Hospital held au..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......smissed. The Evidence Act, 1872 (I of 1872), Section 137 Whether contradiction in the evidence of prosecution witnesses entitles the accused to an order of acquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the mo..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......ct No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The confessional statement by condemned prisoner made before the police leads to the discovery of t..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......detenu, however, declined the nomination of Jatiyo Party and contested the election as an independent candidate. On the following day that is 27th March, Syed Altaf Hossain allegedly made a confessionals statement involving the detenu in the commission of the crime. This confessional state..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
.... Cr.P.C was recorded by Mr. Md. Atiqul Islam Chowdhury, Thana Nirbahi Officer but the statement was not made part of evidence by the prosecution at the time of trial probably because it was self exculpatory. After completing investigation of the case P.W.1 Sub-Inspector Rafiqul Islam submitted ......mmediately did not get the statement of arrested accused Noor Mohammad recorded by the Thana Magistrate under section 164 Cr.P.C. because even at that time there was every possibility of his making a confession or at least some statement in order to explain the injury on his left knee and cause of t..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ..............Respondent Judgment November 4, 1984. Result: Criminal Appeal No.71 of 1984 is allowed in part. Criminal Appeal No.48 of 1984 is allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. When the confession ha..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
.... 8. The substance of the confessional statement has been set out earlier. Although Mr. Azizul Haque, the learned Advocate for the appellants, has forcefully submitted that the confession was self-exculpatory in nature, we do not think it to be so. Appellant Zaheda Begum has sufficiently implicat......s. He prepared sketch map with index. He produced the informant Zaheda Begum from the residence of her father at Guptapara, Rangpur before the Sub-Divisional Magistrate (Sadar) for recording her confessional statement by P.W.5 M.A. Salam, a 1st Class Magistrate. On completion of investigation P..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......t be sole base for conviction Confession of a co-accused is no evidence and that no conviction can be based on it unless there were other evidence on which conviction could be based and that the confession of the co-accused could only be referred as lending assurance to the conclusion in respec..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......983. Result: The appeal is allowed and the reference is rejected. No Eye-Witnesses and No Direct or Circumstantial Evidence- Unproven Oral Confession- In the alleged oral confession nothing was said where, when and in what manner the murder was committed. Such oral confe..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......a federal district Court, where it was plain from the records that the significant allegations contained in the applications, i.e., the prisoners had been subjected to illegal detention, that coerced confessions had been extorted from them, and denied counsel of their choice and effective representa..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ...... In forwarding herewith the accd. Tafur Uddin, S/O Late Aktar Ali of Niz Mohammadpur, P. S. Beanibazar, Dist. Sylhet in c/w the marginally noted case, I beg to report that he has been arrested on the confessional statement of accd. Habib Khan, so-called General of Muslim Bangla Guerrilla force...Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
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