CRIMINAL PROCEDURE CODE (Second Amendment) ORDINANCE, 1982

[XXIV of 1982]
Section 35(d)—
Transitory Provisions, purpose of—Investigation pending immediately before commencement of the Ordinance—Magistrate did not accept the Final Report and directed further investigation— Police on further investigation submitted charge sheet far beyond the “specified period’ of 60 days as stated in section 167(5) and also of 90days as stated in section 35(d) of the Transitory provision—Charge-sheet was submitted one year after the Magistrate’s order for further investigation—Accused respondents, whether entitled to be released— Provision in section 35(d)of the Ordinance is not mandatory and intended to save an investigation which had started at the time when there was no time limit for its conclusion —Investigation on which the Police submitted charge—sheet, not governed by section 167, and the charge—sheet not hit by section 167(7)—Consequently the charge— sheet stands.
Kazi Abdul Jalil Vs. Jashem Munsi 43 DLR (AD) 116

Criminal Jurisprudence

Shifting of burden of proof on defence— Talk of amicable settlement between the parties made the basis of corroborative proof of the alleged occurrence in total ignorance of established principle of criminal jurisprudence.
Nur Mohammad Vs. State 41 DLR 301.

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