Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Sunday, May 19, 2019 01:28:53 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Delay in disposal cannot be a ground for commuting sentence

By
19th-May-2018       
Comments
Share your thought
Post a comment »
Read all () »

Appellate Division (Criminal) :
Surendra Kynar  Sinha CJ
Syed Mahmud Hossain J
Hasan Foez Siddique J
Shahidul Islam @
Shahid ………….
………………..Petitioner
vs
State ……………
............ Respondent
Judgement
March 5th, 2017
Code of Criminal Procedure (V of 1898)
Section 374
Delay in the disposal of the 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. .. .... (8)
Sections 374 and 376
From the nature of the offence it appears to us that the petitioner is not anyway entitled to get any sympathy. We do not find any mitigating or extenuating circumstances on record for commutation of the sentence of death…………(8)
Laxman Naik vs State of Orissa, AIR 1995 SC 1387 and Molai vs State of Modhya Pradesh, AIR 2000 SC 177 ref.
Nikhil Kumar Saha, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner:
Khondaker Diliruzzaman, Deputy Attorney General instructed by Haridus Paul/, Advocate-on-Record-For the Respondent.
Judgment
Hasan Foez Siddique J : This criminal review petition is directed against the judgment and order dated 2-8-2016 passed by this Division in Jail Petition No.13 of 2006 dismissing the petition,
2. Mr, Nikhil Kumar Saha, learned Senior Counsel appearing for the petitioner, submits that the petitioner is in death cell for about 14 years which is a circumstance to commute the sentence so death sentence awarded to him may be commuted to one of imprisonment for life.
3. Mr. Diliruzzaman, learned Deputy Attorney-General appearing for the State, submits that in view of the evidence and nature of offence committed by the petitioner, this Division rightly upheld the sentence of death of the petitioner and that there is no error of law apparent on the face of the record in the judgment of this Division.
4. At about 10-00 pm on 23-4-1998 Shajneen, an unfortunate girl of 15 years, was killed most inhumanly and brutally after rape in her bedroom which was her most secured place. This Division, upholding the findings of the tribunal and High Court Division observed that it has been proved all reasonable doubt that victim Shajneen was raped before murder. Confessional statement of the petitioner recorded under section 164 of the Code of Criminal Procedure, post-mortem report, evidence and statement of the appellant made before the tribunal at the time of his examination under section 342 of the Code of Criminal Procedure there is no doubt that not only this vulture pounced upon the body of the victim but it had jeopardised the victim's parents her other family members and conscience of the society at large. It was a cold-blooded murder and where rape was committed on an innocent and helpless girl, which was a treacherous and cowardly act of the petitioner.
5. It is not possible to catalogue the reasons which may justify the pass of death sentence but when the murder has been committed in a brutal manner on a helpless child the same may be awarded. It is a crime against society and the brutality of the crime shocks the judicial conscience that the Court has the duty to impose the death sentence. The petitioner was servant of PW I whose duty was to defend and protect the family members instead he, out of his sexual lust, did not bother to kill a child of 15 years old assaulting mercilessly. It was gruesome murder so dilution of sentence would be a case of misplaced sympathy and gross miscarriage of justice. The crime committed by the petitioner was grotesque, diabolical and revolting, Since heinous crime was committed in cruel and diabolical manner, death sentence is justified punishment. It is true death for death may be, to some extent, inhuman but it is equally true that when a man becomes a beast and menace to the society, he can be deprived of his life. The nature of the crime reveals that the petitioner is a menace to the society and sentence of imprisonment would be altogether inadequate.
6. In the case of Laxmon Naik vs State of Orissa repoted in AIR 1995 SC 1387 the accused committed rape on his brother's daughter aged 7 years in a lonely place in forest and thereafter killed her. Supreme Court of India observed that the evidence on record indicated how diabolically the accused had conceived of his plan and brutally executed it and such a calculated, cold-blooded and brutal murder of a girl of a very tender age after committing rape on her would undoubtedly fall in the category of rarest of the rare case attracting no punishment other than the capital punishment.
7. In the case of Molai vs State of Modhya Pradesh reported in AIR 2000 SC I77 Supreme Court of India expressed similar view. In the said case victim, a 16 year old girl alone in house preparing for her examination. Both accused, taking advantage of she being alone, committed rape on her and then killed her. It was observed.
"We have very carefully considered the contentions raised on behalf of the parties. We have also gone through various the decisions of this Court relied upon by the parties in the Courts below as well as before us and in our opinion the present case squarely falls in the category of one of the rarest of rare cases, and if this be so, the Courts below have committed no error in awarding capital punishment to each of the accused. It cannot be overlooked that Naveen, a 16 year old girl, was preparing for her 10th examination at her house and suddenly both the accused took advantage of the being alone in the house and committed a most shameful act of rape. The accused did not stop there but they strangulated her by using her under-garment and thereafter took her to the septic tank along with the cycle and caused injuries with a sharp edged weapon. The accused did not even stop there but they exhibited the criminality in their conduct by throwing the dead body into the septic tank totally, disregarding the respect for a human dead body. Learned counsel for the accused (appellants) could not point any mitigating circumstance from the record of the case to justify the reduction of sentence of either of the accused. In a case of this nature, in our considered view, the capital punishment to both the accused is the only proper punishment and we see no reason to take a different view than the one taken by the Courts below."
8. From the nature of the offence it appears to us that the petitioner is not anyway 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, dastard by and beyond all human reasonings.
Accordingly, we do not find any substance in the petition. Thus, the review petition is dismissed.

Tariff
Add Rate

News Archive

Inside The New Nation

Sports »

Toronto Raptors' Kawhi Leonard shoots between Milwaukee Bucks' Brook Lopez and Ersan Ilyasova during the second half of Game 2 of the NBA Eastern Conference basketball playoff finals in Milwaukee on Friday. The Bucks won 125-103 to take a 2-0 lead in the series.


Cricket »

Tri-Nation Series win a boost for Tigers in World Cup


Bangladesh got a timely boost ahead of the World Cup journey, as they ended the final jinx, whacking West Indies past by five wickets, a victory that captain Mashrafe Bin Mortaza cited as 'confidence booster' to chase any kind of total.Having set a 210 runs to victory in 24 overs ...

Editorial »

Assault on freedom of speech


THE New York-based Human Rights Watch on Friday slammed Bangladesh authorities following the recent arrests of some dignified persons under much-debated Digital Security Act. The HRW pointed finger about the raising worries among the common people over the freedom of speech and freedom of expression. According to media reports, poet ...

International »

Maduro hails start of Norway-brokered talks with opposition


AFP, Caracas : President Nicolas Maduro welcomed Friday the "beginning of talks" with the Venezuelan opposition in Norway, after months of bloody clashes between the two sides. "The talks have begun nicely to move toward agreements of peace, agreement and harmony, and I ask for the support of all Venezuelan people to ...

International »

Australian election vote count reveals close contest


AP, Canberra :The vote count in Australia's general election on Saturday was proving closer than opinion polls had predicted, with the ruling conservative coalition appearing more likely to form a government than the favored center-left opposition party.Opposition Labor Party deputy leader Tanya Plibersek had said in early counting that she ...

City »

BNP Standing Committee Member Barrister Jamir Uddin Sircar speaking at a press conference at the party central office in the city's Nayapalton on Saturday demanding release and proper treatment of BNP Chief Begum Khaleda Zia.


Entertainment »

Tragedy hits the sets of Amitabh,Chiranjeevi's next


Last week, a fire on the sets of Amitabh Bachchan and Chiranjeevi starrer Sye Raa Narasimha Reddy erupted, However, no one was hurt during it. But seems like another tragedy has struck the sets of the film. This week a 38-year-old Russian actor named Alexander died on set due to ...

Editorial »

China can`t be a bystander when Rohingya crisis turns critical


BANGLADESH Foreign Minister on Thursday stressed the need for strong support of China for resolving the prolonged Rohingya crisis with early repatriation of the displaced people. China's strong support would be necessary so that 'Myanmar moves in the right direction for resolving the Rohingya crisis,' the Minister told Chinese ambassador ...

City »

Secretary General of Manik Mia Foundation Syed Tosharaf Ali presented key speech at a discussion on 'Problems of Banking Sector' at the conference room of the Foundation at the Ittefaq Bhaban in the city on Friday with Prof Abul Kashem Fazlul Haque in the chair. The discussion was also addressed, among others, by Probir Dutta, Taposh Pramanik, Zakir Hossain Didar, Nasirul Haque Nabab, Rafiqul Islam Liton, Dr Sadiqur Rahman, Suvash Bhattachariya, Hari Prosad Mitra, Shafiqul Islam and Chitta Francis Rebeiro. After the discussion the participants were given Iftar.


.

International »

Taiwan legislature approves Asia's first same-sex marriage law


AFP, Taiwan : Taiwan's parliament legalised same-sex marriage on Friday in a landmark first for Asia as the government survived a last-minute attempt by conservatives to pass watered-down legislation.Lawmakers comfortably passed a bill allowing same-sex couples to form "exclusive permanent unions" and another clause that would let them apply for ...

Entertainment »

Purnima to start again shooting of Gunchil after Eid


Entertainment Report :Last year Noim Imtiaz Neyamul started shooting of movie Gunchil casting Purnima. Story of the movie is based on General Secretary of Awami League Obaidul Quader written novel Gunchil. While taking part in shooting in Noakhali Purnima was seriously injured due to playing scooty in the spot. Later ...

Editorial »

Increase of project cost should be avoided


NEWSPAPERS reported on Wednesday that renovation costs of 2nd Kanchpur, Meghna and Gumti bridges, expected to open for vehicular movement before Eid-ul Fitr, lastly went up to Tk 78.2 crore. The Finance Minister himself disclosed this while approving the escalated cost at a meeting of the Cabinet Committee on national ...

City »

Ittehad Sahitya Parishad formed a human chain in front of the Jatiya Press Club on Thursday in protest against writing and telling 'Bengali' distorting 'Bangla' in the name of translation.


.

Entertainment »

Aupee becomes model of Adity’s studio boutique


Entertainment Report :Few years ago, with the interest of her husband popular actor Ziaul Faruk Apurba fashion designer Nazia Hasan Adity started a studio boutique, Adriana. Within very short time the studio boutique came into discussion. As a fashion designer, fame of Adity increased. Now many celebrities are showing their ...

International »

Sri Lanka forces on patrol after anti-Muslim riots


AFP, Colombo :Troops and police patrolled parts of Sri Lanka on Thursday as international pressure mounted on Colombo to contain anti-Muslim riots that killed one man in a backlash against the Easter terror attacks.Military spokesman Sumith Atapattu said there were no incidents of violence in the 24 hours ending Thursday ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news