APM Sohrab Uz-Zaman Vs State (2016) 68 DLR (AD) 331

 Fact:

 

The Brother of the deceased Nurunnahar filed an unnatural death case stating that there was marital disharmony between the deceased and the appellant.

 

The Respondent claimed that there was a heated exchange of words over the telephone between the deceased became ill after taking sleeping pills.

 

Issue:

 

Whether the appellant will be exempted under section 9ka of Nari-O- Shishu Nirjaton Daman Ain 2000?

If yes, then what will be the consequence?

 

Decision:

 

The High Court Division ought to have come to the conclusion that no offence under section 9ka of the Ain is attributable to the appellant.

 

Justification:

 

The Appellant Mr. Sohrab Uz-Zaman will not be liable under section 9ka of Nari- O- Shishu Nirjaton Damon Ain 2000.

There was no direct link between the act of violation of modesty and the commission of suicide and prima- facie ingredients of section 9ka of the Ain have not been established against the appellant from the FIR police report, postmortem report, and other prosecution documents.

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