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Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... identified by the informant. Thereafter FIR was lodged and it was recorded as Tangail Police Station Case No.2 dated 2.1.1994. 3. During investigation, both the accused persons, on 4.1.1994, made confessional statements under section 164 of the Code of Criminal Procedure, 1898 (shortly the Code,..Category: Criminal Law | Date: | Hits: 170
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......the case. He next submits that the impugned Judgment and order of conviction being illegal is liable to be set aside inasmuch as it is wholly based on the so-called uncorroborated extra judicial oral confession of the convict-appelÂlants. The learned Advocate has lastly submitted that the present c..Category: Criminal Law | Date: | Hits: 83
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....is said to be voluntary and true when it appears on reading of the confessional statement that the maker accused took active part in commission of the offence. This confessional statement is not only exculpatory but at the same time it speaks an unholy connection with the informant to make it a tota......is not a substantive piece of evidence but in case of murder, either suicidal or homicidal it carries an important role…………………………………….(126) Confessional statement A confessional statement is said to be voluntary and true when it appears on reading of the confession..Category: Criminal Law | Date: | Hits: 89
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
....ce as alleged. There is no use of deadly weapons or any attempt of dacoity. In the FIR, no overt act was mentioned against the appellants. The statements made by the accused before the Magistrate was exculpatory and was extracted by torture and subsequently it was retracted. Moreover, the learned Ma......ssain………………Appellants Vs. The State, represented by Deputy Commissioner, Dhaka………………..Respondent Judgment August 1, 2005. Result: The appeal is allowed. A confessional statement can not be relied upon without calling the concerned Magistrate as witness.....Category: Criminal Law | Date: | Hits: 86
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......n of the doctor is not always fatal. It depends upon as to how the other witnesses have been able to prove the occurrence of the case…………………………….(33) Confession and judicial confession Judicial confession if it is found to be true and voluntary, can indeed form the sole..Category: Criminal Law | Date: | Hits: 158
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......llants along with other accomplices and then was brutally done to death which has been witnessed by two witnesses P.W.2 and P.W.4. More so, amongst the convict-appellants Tutul @ Monir Hossain made a confessional statement recorded under Section 164 of the Code of Criminal Procedure confessing his g..Category: Criminal Law | Date: | Hits: 98
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....oor woman who had been serving in the house of deceased Hanif Sarker as maid servant and she has been made a scapegoat in this case and that in the circumstances her said confessional statement being exculpatory and involuntary in nature, no conviction can be based thereupon and as such the impugned......nant of the deceased, P.W.6 Sufia Khatun is the wife of P.W.5, P.W.7 Md. Monir Hossain is a neighbour of the deceased Hanif Sarker, P.W.8 Mahmuda Khatun is a Magistrate, First Class, who recorded the confessional statements of the condemned prisoners Nazma Sarker @ Beauty and Rokeya Begum under secÂ..Category: Criminal Law | Date: | Hits: 99
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....gistrate, First Class, on 13-08-1996 to the effect that he along with Accused Talu and others killed the victim Biplop by strangulation and kept his dead body under the earth. 48. Though he made a exculpatory conÂfessional statement. But after his arrest, he made an extrajudicial confession to P......res from the trend of cross-examination of the P.Ws. and the suggestions put forward to the P.Ws. on their behalf is that they are innocent and they have been falsely implicated in the case basing on confessional statement which was procured by torture and coercion. 10. On consideration of the fa..Category: Criminal Law | Date: | Hits: 106
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediateÂly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......06 dated 08.12.2000 under sections 395/397 of the Penal Code and after interrogation, the convict petitioner admitted that he has a pipe gun and some looted artiÂcles with him; that according to the confession of accused, the informant party went to his house on 02.08.2001 at night about 2.35 hours..Category: Criminal Law | Date: | Hits: 99
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......nir went to receive co‑accused Sajid Hossain at the airport and he had complicity. In the matter for bringing him to Bangladesh with the aforesaid gold. Thereafter co‑accused Sajid Hossain made a confessional statement before the Magistrate involving himself and accused appellant Sohel Monir. ..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......fficer‑in‑Charge of the Police Station Alamgir Kabir himself took up the investigation during which accused Kamal Ahmed was produced before the Magistrate, 1st Class (TNO), Bogra who recorded the confessional statement of the said accused under section 164 Cr.P.C. On completion of investigation ..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ...... petition that during this remand period the petitioner was again subjected to shocking, shameful, and unbearable torture, both physical and mental and that she was told that until she agreed to sign confessional statement in connection with the aforementioned Dhanmondi P.S. case torture on her and ..Category: Criminal Law | Date: | Hits: 107
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......ed before the learned Chief Metropolitan, Magistrate, Dhaka on 9‑11‑96 after the period of remand. But police failed to find out anything from her during the period of remand and there is also no confessions by her. On 9‑11‑1996 the petitioner prayed for bail in the Arms Act case which was r..Category: Criminal Law | Date: | Hits: 82
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......i Police Station Case No.39 dated 17.12.2003 under sections 406/409/420 of the Penal Code was recorded against those six accused perÂsons. During investigation of the case accused Fariduddin, made a confessional statement implicating himself and other accused persons, including the petiÂtioner, wi..Category: Criminal Law | Date: | Hits: 85
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......alleged to have been made by accused Raisuddin under section 164 CrPC and also a statement made by Salma Akhtar wife of accused Amanullah. The learned Sessions Judge considering the evidences and the confessional statement found the accused guilty of the charge under sections 302/149 of the Penal Co..Category: Criminal Law | Date: | Hits: 104
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....neither true nor voluntary and that these have been extracted by the police by inhuman torture. They have further submitted that except the confessions of Tajul and Badsha, the other confessions were exculpatory. The learned Advocates have submitted that the learned Additional Sessions Judge committ......used Tajul Islam, Badsha @ Chora Badsha, Dhan Mia @ Dhanu Mia, Habibur Rahman of Bagdia, Habibur Rahman of Alinagar, Abdul Momin, Abul Kashem, Abdur Rahim, Shamsu Mia, Jaj Mia and Idris @ Kuddus made confessional statements (Ext. 6 series) which were recorded under section 164 of the Code of Crimina..Category: Criminal Law | Date: | Hits: 139
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......yub Ali ran to catch hold of appellants and on reaching Tayeb Ali's shop he found that apÂpellant Nowsher was caught by P.W. Akram, Tayeb Ali, Motleb, and there appellant Nawsher made extra judicial confession in his presence as well as in presence of those persons stating that he (Nowsher) was cal..Category: Criminal Law | Date: | Hits: 134
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......e instant Jail Petition before this Division. 11. Mr. A. B. M. Bayezid, the learned Advocate appearing on behalf of the petitioner submits that although the conviction is primarily based on the confession of the accused, the trial Judge and the learned Judges of the High Court Division failed ..Category: Criminal Law | Date: | Hits: 98
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....statements. The confession statements must be considered on the basis of the language of the confessor. We cannot read between the lines. We find that the confessional statement of accused Bachchu is exculpatory one. He only admitted that he called the victim at the request of accused Shahajahan. ......der brother of the victim and he wrote the FIR, but he too did not support the prosecution case and was declared hostile by the prosecution. P.W.4 Kiran Chandra Roy is the Magistrate who recorded the confessional statements of two accused Bachchu and Jahangir Alam. P.W.5 Alamgir is the Daroga who fi..Category: Criminal Law | Date: | Hits: 129
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......he two dead bodies and sent the dead bodies to Patuakhali morgue through constable Probath Kumar and another for post morÂtem examination. The condemned prisoner was arÂrested on 15.5.85 and made a confessional statement before a Magistrate on 16.8.85. On completion of the investigation and on rec..Category: Criminal Law | Date: | Hits: 142
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