The age of a victim is not a material consideration for a offence under Section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance 1983.
Mozibur Rahman Vs. The State & Anr. 7 BLT (AD)-143
Section-4(b) & 4(c) read with Evidence Act, 1872, Section-114(g)
The only allegation against the accused appellant is that he abated the offence of kidnapping of Habibur Rahman and Booting of money from his room during the occurrence. But none of the P.Ws including the victim Habibur Rahman himself did not state that the accused appellant ever kidnapped him or looted away the money in question. It appears that there is a reservation in the FIR that accused appellant Liakat Ali was with the two other accused persons who kidnapped Habibur Rahman. But during trial save and except a formal statement about fastening of the mouth of the victim Habibur Rahman by Gamsa/towel by the accused appellant there is no other evidence whatsoever in the matter of kidnapping the victim Habibur Rahman or looting of money from his room. P.Ws. 7 and 8 who have categorically said about recovery of the victim Estemera from the nearby house are totally silent about the connection of the accused appellant Liakat Ali. It further appears that none of the close neighours who have admittedly got their houses by the four sides of the P.W. house have not been examined in this case. The non examination of those neighbours in this case together with absence of towel/Gamsa which was allegedly fastened by the accused Liakat in the mouth of the victim Habibur Rahman at the time of his kidnapping has made the entire prosecution case suspicious and in their absence the benefit of Section-114(g) of the Evidence Act must go in favour of the defence.
Mohd. Liakat Ali Vs. The State 9 BLT (HCD)-110
Prayer for bail- Accused petitioner is in custody for 31/2 years. Four accused persons have been named in the F. I. R. but excepting the accused- petitioner all the other three accused persons are absconding and there is no possibility of an early disposal of the case- Held: We must observe that if the trial of the four accused persons has still not begun or if there is no immediate possibility of an early disposal of the case the Special Tribunal will have to either split up the case and proceed with the trial of only the accused petitioner or consider a fresh prayer for bail of the accused- petitioner.
Mohammad Sharif Vs. The State 4 BLT (AD)-17
Sections-5 read with Penal Code, 1860 Section-457/376/511
The Special Tribunal had only jurisdiction to try cases as -numerated in the schedule of the Special Power Act and not beyond that. An offence under section 457/354/511 of the Penal Code which is not included in the schedule of the Special Powers Act cannot be the basis of conviction as the same is a non-schedule offence.
Dulal Miah @ Shah Alam Vs. The State 12 BLT (HCD)446
Section-6 & 9
On perusal of the First Information Report and relevant papers it appears that there is no allegation against the appellant that she abetted the causing or attempted to cause death or grievous hurt to the informant of the case for dowry. The allegation appears to be that she instigated the husband of the informant to demand/realise dowry from the informant -appeal is allowed.
Anowara Begum Vs. The State & Anr 12 BLT (AD)-230