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....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......n Qader Chowdhury stated that he was implicated in this case for political victimisation which commenced from his 'arbitrary detention since December 19, 2010, with a view to securing a confession from him. If he was apprehended for political victimization in 2010, he was totally silen..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
...... claimed that the victim was a patient of epilepsy. The tribunal and the High Court Division disbelieved his plea and on consideration of evidence of P.Ws.1, 2, 4, 6, 10 and 12 and the extra judicial confession of the accused came to a definite finding that the accused killed his wife. We find no co..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
...... claimed that the victim was a patient of epilepsy. The tribunal and the High Court Division disbelieved his plea and on consideration of evidence of P.Ws.1, 2, 4, 6, 10 and 12 and the extra judicial confession of the accused came to a definite finding that the accused killed his wife. We find no co..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ....... 30 of 2009. Dr. Md Basirullah, the learned Deputy Attorney-General first took us through the FIR, charge, evidence of the prosecution witnesses, the impugned judgment and order dated 1-12-2008, the confessional statement made by the condemned prisoner Md. Sajjad Ali, inquest report, post mort..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ...... accused remained in abscondence and they were tried in absentia. Prosecution in support of its case has examined 18 (eighteen) witnesses and the defence examined 2 (two). It has also relied upon the confessional statement of Bazlur Rahman alias Bazlu. The Tribunal on assessment of the evidence on r..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......to the society at large". 12. Mr. Momtazuddin Fakir, the learned Additional Attorney-General appearing on behalf of the State-appellant submits that the High Court Division having found the confessional statement of the convict-respondent to be voluntary and true seriously erred in commuti..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......nce of prosecution witness and fixed date for argument. The order sheet clearly shows that without exhausting all the legal process to secure the attendance of the Magistrate who allegedly recorded a confession of a co-accused the learned Judge closed the evidence and fixed date for examination of t..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......a mere matter of form but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council.......... (55) Statement must be voluntary Before recording a confession, a Magistrate is bound to make a real and substantial enquiry as to the voluntariness of ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....te, he made another confessional statement. This latter statement cannot be taken as a confessional statement in the eye of law in presence of earlier statement and secondly, this statement is exculpatory in nature. Therefore, this statement cannot be taken as the basis for the conviction of................Appellant Vs. Kazi Mahbub-uddin Ahmed..........Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession A confession is an admission made at any time by a person charged with a crime, stating or suggesting..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....first confession and then makes another confession, the latter statement cannot be taken as a confessional statement in the eye of law in presence of earlier statement and because the statement is exculpatory in nature. This second statement cannot be taken as the basis for the conviction. The t.........Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with a crime, sta..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......ence of the prosecution witnesses are consistent, uniform in corroborative with each other; (iii)The statements of the witnesses indicate the complicity of the accused in this case; (iv)The confession of the accused is voluntary and true (although there is no confession made by the accused..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Tapan and others Vs. State, 2012, 41 CLC (AD)
....him but the prosecution did not examine Milon and therefore, there remain doubt as to whether the victim made any dying declaration. He further submits that the confessional statement is totally exculpatory in nature which cannot be used against the petitioners as corroborative evidence and tha......e, maintained the conviction and sentence of the petitioners. The High Court Division held that the prosecution has been able to prove the dying declaration of the victim which is corroborated by the confessional statement of accused Sumon, and was of the opinion that the tribunal is justified in co..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
.... the said statement. 73. Of the statements of Md. Omar Ali alias Jahangir and Md. Siddique, the High court Division discarded the statement of Md. Siddique on the reasoning that his statement is exculpatory in nature. Jahangir stated that Zillur told him that one person would be given a lesson ......02/34 and 120B of the Penal Code and sentenced them also to imprisonment for life with fine. 5. The trial Court believed the time, the place and the manner of occurrence arid also found that the confessional statements of Didarul Alam, Zillur Rahman, Zahid Hossain Kiron, Omar Ali @ Zahangir and..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......es punishable under different sections of the Penal Code. The case gave rise to Mohammadpur PS Case No.123 dated 31st May, 2009. In course of investigation of the case, one accused GMM Morshed made a confessional statement in which he implicated the accused-respondent Md. Aman Ullah Aman. In pursuan..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......; July 25, 2012. Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recor..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... of Criminal Procedure. Police arrested two accused Nalu and Rubel and seized a gold chain and prepared seizure list and forwarded the accused to the Court of Magistrate where the accused Nalu made a confessional statement under section 164 of the Code of Criminal Procedure. 4. On completion o..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... record shows recovery of some looted gold ornaments from SR Jewelers. On the other hand, no arguments has been advanced that this confessional statement was exculpatory or that this accuseds were involved in this case out of enmity or that this is a case of...... সহিত সহযোগী আসামীর স্বীকারোক্তি বিবেচনায় আনা যায়। Conviction can not be based solely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made b..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......er and so agreeing with Bridwood, J, sentenced the offender only for an attempt under section 307 of the Penal Code. 26. The High Court Division on appreciation of the evidence on record and the confessional statements of the appellants came to the conclusion that "the act of the conv..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......ocence. The prosecution has totally failed to lead evidence to draw such inference against them. 30. In Aminul Huque Vs. Crown, 3 DLR (FC) 519, the conviction of the accused was based upon his confessional statement which was recorded by Moulvi Abdul Bari, Honorary Magistrate. In course of tr..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....udgment and order on five-fold arguments. Firstly, this is a case of no evidence in respect of causing explosions in the above places of occurrence. Secondly, the confessions made by the accused were exculpatory in nature and the same cannot be used as evidence against themselves as well as the othe...... charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of the offence charged or any rate substantially all the facts which c..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
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