Criminal Appeal

DISTRICT: DHAKA

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(Criminal Appellate Jurisdiction)

Criminal Appeal No……………..2007

Against Conviction

IN THE MATTER OF:

An appeal under section 410 of code of criminal Procedure / s.30 of Special Powers Act 1974 / s.28 of Nari-o-Shishu Nirjaton Domon Ain 2000.

AND

IN THE MATTER OF:

“X”

Son of Y of address

…. Convicted Appellant

(in Jail) /

Versus

The State

………..Respondent

AND

IN THE MATTER OF:

The judgment and order dated ……………..passed by …………………………..in case no…………under sections……………sentencing the convicted appellant / accused appellant to suffer imprisonment for ……..years

To

Mr. Md. Ruhul Amin, Honourable Chief Justice of Bangladesh and his companion justices of the said honourable court

The humble appeal of the above named convicted appellant most respectfully

SHEWETH:

1. That the convict –appellant along with _______others namely____________ were put on trail in the court of ________________, in ________Case No.  arising out of _____case no. ________and after concluding trial the learned trial court by the judgment and order dated______________ convicted the appellant and [________ others] under section ________ Penal Code and sentenced each of them to suffer rigorous imprisonment for _______years.

1. That the prosecution case  in short is that ________

1. That the police after investigation submitted charge sheet against all the accused named in the FIR and thereafter the case was sent to the learned Sessions Judge, ……….Court / Tribunal for trial.

1. That the charge was framed against the accused under sections……………..The defense pleaded not guilty to the charge and claimed to be tried.

1. That at the trial the prosecution examined …..witnesses and the defense examined ……witnesses.

1. That after the conclusion of the trial, the learned sessions court / Tribunal found the accused guilty under sections ……………and convicted them and sentenced them to suffer ……………and fine………..

1. That being aggrieved by and dissatisfied with the judgment and order of conviction and sentence dated ……….., the convicted appellants beg to prefer this appeal in this Honouable court on the following amongst other:

GROUNDS

I.      For that the impugned judgment and order of conviction and sentence dated _______________ is illegal, unjust and improper as such the same is liable to be set aside.

II.      For that the alleged allegation will not come within the purview of the ___________.[Statute]

III.      For that the judgment and order of conviction and sentence based on misleading and none consideration of the evidence on record which caused a serious miscarriage of justice.

IV.      For that the sentence is too severe and it should be set aside.

V.      For that the judgment and order of conviction and sentence is otherwise bad in law.

Wherefore, it is most humbly prayed that your Lordships would graciously be pleased to admit this appeal, issue notice upon the respondent, call for the record and after hearing the parties & perusal of the record allow the appeal and acquit the convicted appellant and set aside the impugned judgment and order of conviction and sentence dated __________passed by _______________ in the Case ____________arising out of ____________against the convicted appellant  and or pass such other or further order or orders as to your Lordships may deem fit and proper.

AND

Pending hearing of the appeal your lordships may further be pleased to stay realization of fine and to enlarge the convict appellant on bail for the ends of justice.

And for this act of kindness your appellant as in duty bound shall ever pray.

List of the papers enclosed:

1.      This Memo of appeal

2.      Vokalatnama

3.      Judgment and order of conviction

4.      Second judge’s copy;

Incoming search terms:

• Section 410 of the code of criminal procedures in bd
• WWW CODE OF CRIMINAL PROCEDURE SECTION 410