Moral conviction

A Judge is required to dispense justice in
accordance with law and not according to his moral conviction. In deciding a
case the well- settled and well-established legal norms and standards for
assessment of the evidence on record are required to be followed.

Alamgir Hossain alias Alamgir Hossain Vs. The State, 16BLD(HCD)270

Ref: 25 DLR (HC)398—Cited


Suspicion is no evidence and it can be no substitute for proof. A
suspicion, however grave it may be, cannot be the basis for convicting the

Momin alias Md. Mominul Huq Vs. The, State, 16BLD(HCD)246

General clemency

Order of clemency dated 14.1.1991 passed
under section 40 1(1) Cr.P.C. was given effect to on and from 14.1.1991.
Refusal of the said clemency benefit to the present detenu under a subsequent
Government order is an act of discrimination in the matter of giving amnesty
benefits to convicts.

When a legal right accrues in favour of a man
and it is given effect to, then such a right cannot be taken away or nullified
by a subsequent government order under section 21 of the General Clauses
Act—Acting Presidents Order No. 70 of 1990

Mohammad Jahangir Alam Vs. Govt. of Bangladesh and others,
17BLD(HCD) 195

Ref: 27 DLR 315; 18 DLR 92; PLD 1960 (SC)310; PLD 1963 Lahore 53 (DB), PLD 1965
(Pesh) 47 (DB); 12 DLR 865 (DB)Cited

Abscondence and suspicion

Unfounded suspicion of abscondence of an
accused cannot be a ground for keeping him in custody for unlimited period.

Abdul Kader Faruque alias Mohd. Faruque Vs. The State, 17BLD (HCD)


In a case where enmity is admitted the
evidence of witnesses are liable to be closely scrutinised and unless there is
corroboration by cogent. independent and disinterested witnesses the evidences
of such witnesses who are enemically deposed, are not to be accepted as the
basis for conviction (particularly in a murder case).

The State Vs. Hosen Sheikh alias Hochen & Hashem Sheikh,
18BLD(HCD) 701

Ref: 7 BLD(AD)1987)1; 15 BLD(AD)54;
A.I.R. 197 1(SC)804; 6 BCR(AD)229; BCR 1986 (AD)225; 44DLR(AD)( 1992)60—Cited.

Malafide—Malafide vitiates everything—Even a malafide investigation can not be
sustained and it is liable to be struck down.


Ref: 37 DLR (HCD) 185; 27 DLR (HCD) 342; 31 DLR (AD) 69; 35 DLR (AD) 127; 36 DLR
(AD) 14; 37 DLR (HCD) 182; 34 DLR (AD) 222; 39 DLR (AD) 1; 38 DLR (AD) 41-Cited

No evidence

The term ‘no evidence’ is not only confined
to dearth of evidence but also it extends to a case where the evidence is
reasonably incapable of supporting a finding.

Sohail Ahmed Chowdhury Vs. The State, 15BLD(HCD) 452

Ref: A.I.R. 1987 page 1621;
45 DLR (AD)175; 40 DLR(1988) 348; 12 DLR page 220; A.I.R 1959 (Allahabad) 559;
A.I.R. 1951(Allahabad) 441—Cited

Plea of Alibi—Burden of the accused to prove it

The plea of the accused was that he was off
to Faridpur for purchasing clothes and he was not present at home at the time
of the occurrence. In the absence of any evidence to prove that the accused
went to Faridpur and stayed there on the night and purchased there, the plea of
alibi falls to the ground. The defence failed to prove the said plea of alibi
entailing facts within his special knowledge.

Gouranga Kumar Saha Vs. The State, 17BLD(HCD)259


The term ‘vary used in the regulation implies
an authority to change the judgment and order under review by modification or
even by substitution or by qualification or otherwise, MLR No. 1 of 1982

Helaluddin Ahmed alias Swapan Vs.Bangladesh and others 13BLD (AD)17

Ref: 43 ,DLR(AD)104; 33 DLR (1981) 233 and 358; 92 Common Wealth Law Reports,
526(528); 33 DLR(AD)154; PLD 1978 (SC)49; PLD 1974(SC)1513; PLD 1989 (SC) 26;
32 DLR(AD)1 10—Cited

Written complaint

It was obligatory on the part of the learned
Magistrate to make a written complaint alleging the nature of the order made by
him which was alleged to have disobeyed by accused and the manner of violation
of the order to form an opinion that accused persons have committed an offence
punishable under section 188 of the Penal Code.

Abdul Ahad @ Md Abdul Ahad Vs. The State, 20 BLD(HCD)372


‘See’ and ‘verify’

There is no scope for extending the meaning
of the words ‘see’ and ‘verify’ used in regulation 80 to mean examine the worth
of the answer script.

Chairman Secondary &
Higher Secondary Education Board, Rajshahi and another Vs

Arifur Rahman, 20BLD (AD)24