Sohel Rana vs State (2014) 66 DLR (AD) 160

Fact of the case

For the side of the accused Tofail Islam Hira advocate Nawab Ali filed a petition. Where the appellant claims to consider the judgment in Case No. 9813 of 2003. Where mentioned accused Tofail Islam Hira and others as kidnappers of victim Mostain Billah.

Issues

According to Article -35 of the Bangladesh Constitution, no person shall be prosecuted and punished for the same offense more than once. Can accused-1 Sohel Rana Shipon and accused-2 Tofail Islam be sentenced for kidnapping or child abduction?

Decision

Section 7 Nari-o-Shishu Nirjatan Daman Ain, 2000 concerns the abduction of any woman or Child for any of the purposes. The offenses Under Sections 302/201/34 of the Penal Code have been committed by the appellants and have not been considered by the court or tribunal. We found that there is no bar for those offenses under sections 302/201/34. The appellants have not been tried for These offences, and therefore there is no violation of Article 35 of the constitution.

Justification

The appellants are now charged with the offenses under the penal code and are found will be guilty then the trial Judge bound to take into account" The fact that the accused are already going under sentences awarded to the occurrence and to keep in persons Their them for the same The trial judge has directed the existing sentence in due course. If the appellants are convicted then the the trial judge is at liberty to pass the sentence. For all of the observations and directions, the appeal was dismissed.

Written By---

Al Amin Shiddyk

Department of Land Management and Law

Jagannath University, Dhaka