Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Friday, December 13, 2019 12:42:04 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Code of Criminal Procedure

Period shall be deducted from the Sentence

By
23rd-Nov-2019       
Share
  • Twitter
  • Google+
  • Save
  • E-mail
  • Print
Comments
Share your thought
Post a comment »
Read all () »

Appellate Division :
   (Criminal)
Syed Mahmud Hossain CJ
Md Imman Ali J
Hasan Foez Siddique J
Mirza Hussain Haider J

Abdur Rab Munshi……Petitioner
    vs
State…….Respondent.
 
Judgment
October 7th, 2018

Code of Criminal Procedure (V of 1898)
 Section 35A
Any period that the convict suffered in custody during the course of the trial shall be deducted from the period of his sentence…………………............. (16)
SM Atikur Rahman, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner
None Represented-For the Respondent.
Judgment
Md Imman Ali J: The delay of 6 days in filing the criminal petition for leave to appeal is hereby condoned.
2. This criminal petition for leave to appeal is directed against the judgement and order dated 28-5-2015 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 6610 of 2012 discharging the Rule.
3. The facts, relevant for disposal of the instant criminal petition for leave to appeal, are that on the basis of the Narail PS Case No.43 dated 24-9-2008, the informant along with other police personnel arrested the convict-accused-petitioner. On interrogation the convict-petitioner confessed that he kept a country made pipe gun in a heap of straw in his house. Thereafter, the informant long with his force rushed to the house of the accused, where the convict-petitioner himself brought out a country made pipe gun and two rounds of cartridges and handed those over to the police. The informant seized the recovered arms and ammunitions under a seizure list in presence of the witnesses and lodged the First Information Report (FIR) giving rise to Narail PS Case No.03 dated 3-4-2009 corresponding to GR No.84 of 2009.
4. After investigation, police submitted Charge Sheet No.63 dated 20-4-2009 under Sections 19A and 19(f) of the Arms Act, 1878 against the convict-petitioner, and the case record was transferred to the Special Tribunal No.1, Narail for trial.
5. At the commencement of trial of the case charge under Section 19A of the Arms Act, 1878 was framed against the convict-petitioner. The charge was read over and explained to the convict-petitioner to which he pleaded not guilty and claimed to be tried.
6. Subsequently, on 5-8-2010 the charge was amended incorporating the Section 19(f) of the Arms Act, 1878 to the previous charge. But the convict-petitioner had absconded after being enlarged on bail, hence the amended charge could not be read over and explained to him.
7. To support its case the prosecution examined as many as 15 witnesses, while the defence examined none. As the accused was absconding during trial, he could not be examined under Section 342 of the Code of Criminal Procedure. The defence case as it transpires from the trend of cross-examination of the PW 1 is denial of the occurrence and plea of innocence.     
8. After consideration of the evidence and materials on record the Special Tribunal No.1, Narail by its judgement and order dated 14-6-2011 convicted the accused under Sections 19 (f)/19A of the Arms Act sentencing him to suffer rigorous imprisonment for life for the offence under Section 19A and 7 (seven) years for the offence under Section 19(f) of the Arms Act.
9. No appeal was preferred against the judgement and order of the trial Court. However, being aggrieved by and dissatisfied with the judgement and order of conviction and sentence dated 14-6-2011, the convict-petitioner preferred Criminal Miscellaneous Case No. 6610 of 2012 under Section 561A of the Code of Criminal Procedure and obtained Rule, which upon hearing was discharged.
10. Mr SM Atikur Rahman, learned Advocate appearing on behalf of the petitioner submitted that the High Court Division failed to consider that from a careful reading of the evidence adduced by the prosecution during the trial it was apparent on the face of the record that it was a clear case of no evidence as there was contradiction in the evidence given by the prosecution witnesses. He further submitted that the FIR, charge sheet and other materials on records did not disclose any offence which may attract the mischief of Sections 19(f)/19A of the Arms Act. He further submitted that there were gross contradictions between the ejahar, charge sheet and the deposition of the witnesses and, as such, the impugned judgement and order of conviction and sentence was not maintainable in law. He further submitted that the prosecution failed to prove the case beyond all reasonable doubt and, as such, the impugned judgement and order of conviction and sentence was liable to be set aside. He lastly submitted that the sentence of life imprisonment as passed by the trial Court was too harsh in the facts and circumstances of the case.
11. No one has appeared for the respondent.     
12. We have considered the submissions of the learned Advocate for the petitioner, perused the impugned judgement and other connected papers on record.
13. The grounds taken and submissions made by the learned Advocate for the petitioner may have been urged in an appeal. Contradictions in evidence may well be argued in an appeal, but cannot support a submission that it is case of no evidence.
14. Having considered the evidence and materials on record, we are of the view that the case cannot be said to be one of no evidence,                                    especially in view of the recovery of the arms consequent upon confession made by the accused-petitioner and which he himself brought out of his straw store located within his homestead. This is supported by the seizure list.
15. In the facts and circumstances discussed above, we do not find any illegality in the conviction of the accused-petitioner.
16. However, we are of the view that the ends of justice would be sufficiently met if the sentence of the convict-petitioner imposed for the offence under Section 19A of the Arms Act is reduced to rigorous imprisonment for 10 (ten) years. Both the sentences shall run concurrently. Any period that the convict-petitioner suffered in custody during the course of the trial shall be deducted from the period of his sentence.
With the above observations and directions the criminal petition for leave to appeal is dismissed.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Save the jute mill workers


AT least 29 jute mill workers fell ill from starvation and dehydration on Wednesday in Khulna, on the second day of the indefinite hunger strike being observed by thousands of workers --  and their family members -- of nine state-owned jute mills in the Khulna-Jashore industrial belt. Around 31,000 people ...

Football »

Jesus 'cannot stop scoring' as hat-trick lifts Man City's mood in Zagreb


Gabriel Jesus said he cannot afford to stop scoring goals after a hat-trick helped Manchester City put their Premier League woes to one side with a 4-1 Champions League win over Dinamo Zagreb in the Croatian capital on Wednesday.The Brazilian is making the most of his extended run in the ...

Football »

Neymar makes impression as PSG crush Galatasaray


AFP, Paris :Neymar marked his first start in a Champions League game in a year by scoring one goal and setting up two more as Paris Saint-Germain (PSG) cruised to a 5-0 win over Galatasaray on Wednesday.Mauro Icardi and Pablo Sarabia netted in the first half at the Parc des ...

International »

Support Gambia to prove genocide in Myanmar


The governments of all the countries and international community have been urged to extend all possible support to The Gambia to ensure justice for the victims of genocide committed against the Rohingyas in the Rakhine State by Myanmar authorities. The call was made at a reception hosted in honour of ...

International »

Outdated, dangerous childbirth practices persist in Europe


AP, Barcelona  :When Clara Massons was in labor with her son, a midwife climbed onto her bed and pushed down on Massons' belly, explaining that she was helping to deliver her baby. For the next few hours, the midwife and a doctor took turns pressing down during contractions, using an ...

Entertainment »

Alia Bhatt named sexiest Asian Woman of 2019


Bollywood actress Alia Bhatt has been named the sexiest Asian Woman of 2019 and Deepika Padukone, who got the second spot on the list has been named the sexiest woman of the decade by of the British newspaper Eastern Eye that recently named Hrithik Roshan as the Sexiest Asian Man ...

Editorial »

Indian citizenship law to create instability in this region


PROTESTORS across India, particularly in northeast India, set fire to tyres and cut down trees to block roads on Tuesday after lawmakers approved the government's new citizenship bill. The legislation was placed before the upper house on Wednesday. It would fast-track citizenship for religious minorities, including Hindus, Sikhs, Buddhists, Jains, ...

Cricket »

New Zealand brace for Australian challenge, sweat on Boult fitness


The validity and durability of New Zealand's ranking and run of success in Test cricket will be tested in the sport's most hostile environment when it meet Australia on Thursday to open a three-match series.New Zealand have risen to No. 2 in the world test rankings after an unbeaten string ...

Entertainment »

Shalini Pandey is Ranveer’s heroine in Jayeshbhai Jordaar


Shalini Pandey had mesmerised everyone with her infectious charm and acting prowess in the Telugu blockbuster Arjun Reddy and we can confirm that her big Bollywood launch will be as Ranveer Singh’s heroine in the much-anticipated Jayeshbhai Jordaar releasing next year. Shalini debuts with this Yash Raj Films production whose ...

International »

Foreign interference in US elections 'unacceptable': Pompeo


AP, Washington :Secretary of State Mike Pompeo said on Tuesday that any foreign interference in American elections is "unacceptable" and warned Russia and others that the Trump administration will protect the integrity of the vote.In wide-ranging talks with his Russian counterpart Sergey Lavrov that also included disputes over arms control ...

International »

Johnson on track for 24-seat majority: Focaldata


Reuters, London :Prime Minister Boris Johnson's Conservative Party is on track for a 24-seat majority after Thursday's general election, polling company Focaldata forecast on Tuesday, down sharply from its forecast last month of an 82-seat majority.Focaldata predicted that the Conservatives would win 337 seats in the 650-seat parliament, followed by ...

Editorial »

Questions raised by President are valid but his govt doesn't care


PRESIDENT Abdul Hamid on Monday said commercial courses were turning public universities into business organisations and also disrupting the educational atmosphere on the campus.  "Thousands of graduates are being produced every year with these commercial courses where a section of teachers is making profits," he said at the 52nd Convocation ...

Sports »

Russia reacts with anger after doping ban from Olympics, WC


AFP, Lausanne :The World Anti-Doping Agency on Monday banned Russia for four years from major global sporting events including the 2020 Tokyo Olympics and the 2022 World Cup (WC) in Qatar over manipulated doping data, prompting an angry response from President Vladimir Putin.WADA's executive committee, meeting in Lausanne, handed Russia ...

International »

Activists hold placards as they attend a protest against climate change as the COP25 climate summit held in Madrid, Spain.


Business & Economy »

Japanese regulators recommend $22m fine on Nissan


AP, Tokyo :Japanese securities regulators are recommending that automaker Nissan be fined 2.4 billion yen ($22 million) over the under-reporting of compensation of its former chairman, Carlos Ghosn.The watchdog, the Securities and Exchange Surveillance Commission, said Tuesday it made the recommendation to the government's Financial Services Agency on the disclosure ...

 
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