State vs Sadequl Islam (2011) 63 DLR (AD) 134

The facts of the case

The petitioner of this case is an additional attorney general. His job is to ensure justice by providing documents to the court. He filed a petition for Leave to appeal against the judgment and order passed by the High Court Division death reference in NO 60 of 2004 heard with criminal appeal. No 459 1339 where the deceased most Sabina Yasmin marriage to Rakhi was given condemned prisoner Sadequl slam Tusar for demanding dowry the deceased was tortured, that is why she committed suicide but the petitioner claimed that she was murdered.

Issue

In this case, the husband of deceased Sabina Yasmin Rakhi claimed that he was not present at home at the time of occurrence. Does the court accept or not?

Decision

To substantiate the charge against the accused, the prosecution examined 19 witnesses in the case. The defense did not examine any witnesses. That is why the tribunal convicted and sentenced the respondent to death under Section 11 (ka) of the Nari-o-Shishu Ninjatan Daman Ain,2000 with fines.

Here the High Court Division found that the prosecution failed to prove the demanded dowry and further found that there was no proof against the claim of Sadequl Islam that he was not presented there during occurence.

Justification

The Medical board could not find any dead poison in the deceased stomach. That death was due to asphyxia. Though there was no evidence that the accused strangulated the deceased to death the High Court Division committed no illegality in rejecting the death reference.

Written By---

Al Amin Shiddyk

Department of Land Management and Law

Jagannath University, Dhaka