Abdul Matin Vs State (2020) 72 DLR 257

Fact:
 
The complaint filed a complaint against her husband for injury and demanded dowry in the Nari- O-Shishu Nirjaton Daman Tribunal.
 
The learned judge of the Nari- O-Shishu Nirjaton Daman Tribunal took cognizance of the offence and issued a warrant against the present convict petitioner under section 11ga of Nari- O-Shishu Nirjaton Daman Ain,2000; sentencing him to suffer rigorous imprisonment for 1 year and to pay a fine of taka 10,000. The convict appellant filed this appeal.
 
Issue:
 
Whether Abdul Matin will be exempted from punishment? If yes, then justified your answer under the relevant laws.
 
Decision:
 
As the trial of the case was bad in law and the convict appellant deprived from justic, the appeal allowed.
 
Justification:
 
Abdul Matin was exempted from punishment because the Nari- O-Shishu Nirjaton Daman Tribunal directly took cognizance which was a violation of section 27 of the Nari- O-Shishu Nirjaton Daman Ain, 2000, and the complainant filed the petition of complaint after 20 days of the occurrence but no sufficient explanation has been given for such delay.
 
Also, the complainant failed to produce any medical certificate to prove the injury that the convict injured her.

Written by---
Mst. Minara Parvin
Department of Land Management and Law
Jagannath University