Principles of Criminal Justice

 

Principle to Sentence of an Abettor

An abettor in principle ought not to be awarded a higher punishment than that meted out to the principal offender.

Bernhard Rudigar & Anr. Vs. The State 5BLT (AD)-301

Principle- Imposition of sentence

Condemned prisoner’s participation in the criminal act has been proved by circumstantial evidence and his own confession but since his own involvement in the actual commission of the criminal act is not definitely established by evidence it is not prudent to award him the maximum sentence of death.

Khalil Miah Vs. The State 7 BLT (AD)-245

Principle on Awarding Sentence

To be commensurate with the gravity of the offence

While awarding sentence, the trial Court must bearing himself mind that the sentence to be imposed upon the accused must be adequate and commensurate with the gravity of the offence and it has no option to award too lenient a sentence by way of charity. Although sentence is essentially a matter of discretion for the trial Court where no minimum is set by law, yet the Court is required to exercise the discretion judicially and not capriciously.

Alhaz Nurul Alam Chowdhury & Anr. Vs. The State 7 BLT (HCD)-50

Principle- analysis the statement of a Girl about 15 years, a student of class-IX

It is not a matter of any logical analysis that a young girl would not go to make a false allegations of rape on her. It is a matter for the prosecution to prove the case beyond all reasonable doubt.

Seraj Talukder Vs. The Sate 6 BLT (HCD)-82

Principle of Circumstantial Evidence

Suspicion—the principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond all reasonable doubt and the chain of circumstances should be so that the innocence of the accused in incompatible with the circumstances. If there be any missing link the accused will escape through it, for in that case the prosecution case will not be proved upto the hilt. Ascendance of an accused by itself proves no guilt. Normally even an innocent person tries to keep out of the way if he learns of his false implication in a serious case reported to the police. It is a somewhat weak link in the circumstances for establishing the guilt of a person, Again marks of injury in the dead body does not involve an individual with the crime of murder. The appellant who is the brother of the victim might have absconded, if at all, for fear of harassment as the unnatural death of his sister took place in his house. It was incumbent on the Courts below to properly scrutinize the material circumstances for determining whether the chain of circumstantial evidence is so complete as to lead to the only conclusion of the appellants guilt. In our view, the cumulative effect of the circumstantial evidence in this case falls far short of the test required for sustaining conviction. Suspicion, however, strong cannot be the basis of conviction.

Osman Gani Vs. The State 9 BLT (AD)-107

Principle Regarding Conduct of an Advocate

High Court Division observed “The submission of the learned Advocate Mr. A. K. M. Faiz that the convict unfortunate are not public servants is very and he tried to camouflage and mislead the Court”—Held : We deprecate such conduct of the learned Advocate who is not only an Advocate of his client but as well an officer of the court.

Abdul Bari and Anr. Vs. The State 9 BLT (AD)-94.

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