Mehedi Hasan vs. State (2014) 66 DLR AD 111

 

Facts of the case:

 

The case involves the conviction of the appellants, Md Shahi, Ariful Islam Asha, and Mehedi Hasan, for their involvement in an incident where they attempted to abduct a minor girl named Trisa. The victim, while trying to escape from the appellants, jumped into a pond and drowned since she couldn't swim. The trial court convicted the appellants under sections 302/34 of the Penal Code, and the High Court Division confirmed the sentence.

 

Issues of the case:

 

1. Whether the facts proved by the prosecution attract an offense punishable under sections 302/34 of the Penal Code.

2. Whether the act of the appellants constitutes culpable homicide.

3. Whether the omission to rescue the victim can be considered an illegal omission under the law.

4. Whether the appellants' act of attempting to abduct the victim falls under the definition of abduction in the Ain, 2000.

 

Arguments of the case:

 

The defence argues that the facts proved by the prosecution do not constitute culpable homicide under the Penal Code. They contend that the appellants did not have the intention or knowledge specified in section 299, which is necessary to establish culpable homicide. Furthermore, they argue that the omission to rescue the victim cannot be considered illegal within the meaning of section 32 read with section 43 of the Penal Code. They also claim that the act of attempting to abduct the victim does not fall under the definition of abduction in the Ain, 2000.

 

Judgment of the case:

The judgment proposed by Md Abdul Wahhab Miah, J is agreed upon by Md Muzammel Hossain CJ. Surendra Kumar Sinha J agrees with the conclusions but expresses a different opinion on a vital question of law. The judges have different views on whether the facts constitute culpable homicide or not. Sinha J argues that the mental element, as well as the act itself, should be considered to establish culpable homicide.

 

Overall, the judgment seems to lean towards the view that the act of the appellants does not constitute culpable homicide under the Penal Code. The judges also question whether the omission to rescue the victim can be considered illegal and whether the act of attempting to abduct the victim falls under the definition of abduction in the Ain, 2000.

Written by---
HT AL-AMIN KHAN
Department of Land Management and Law
Jagannath University, Dhaka