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IN THE COURT OF THE LEARNED METROPOLITAN

SESSION JUDGE, DHAKA


Criminal Appeal No. o1 of 2014
In the matter of :
An appeal under section 408 (1) of the
Code of Criminal Procedure.
And
In the matter of :
Md.

Abdul

Hannon

alias

Picchi

Hannon son of Address


............. Accused Petitioner
Versus
The State
............. Opposite Party
In the matter of :
The

Judgment

and

order

dated

13.11.2014 passed by the learned


Joint Metropolitan Sessions

Judge,

First Court. Dhaka in Metro Sessions


Case No. 01 of 2014 arising out of
Shahbag P. S. Case No. 01 of 2014
corresponding to GR No. 5 of 2014
convicting the appellant and two other
accused persons under section 386 of

the Penal Code and sentencing him to


suffer rigorous imprisonment for 5
years and to pay a fine of Tk 10,000 in
default

to

suffer

rigorous

imprisonment for 6 months more.

Humble petition of the above named


appellant most respectfully:-

SHWETH;
1.

That the prosecution case in brief is that on 25.08.2014 at 8.30 p.m

one Nedia Chowdury lodged a First Information Report (FIR) to the Officerin-Charge of the Police Station, Shahbag Dhaka, alleging inter alia that at
about 6.35 P.M she along with her friends went to the Shahid Minar
premises for taking light refreshment. At that time three unknown
miscreants compelled them to handover their vanity bags and wrist
watches to them under threat with a sharp cutting knife. Then they raised
a cry and hearing their cry her class mates and other people rushed to the
place of occurrence. Some of them chased the accused persons and witness
Masrur caught hold of the petitioner. The petitioner confessed his guilt and
disclosed the names of two other accused persons namely Kala Jahangir
and Mridul. The accused persons have extorted valuable articles amounting
to Taka 1,02,000.00. She recognized the arrested person and other accused
by the day light and narrated the occurrence to the witnesses. The
witnesses also saw the occurrence and heard about the occurrence. There

after she along with her classmates took the arrested the Police Station and
lodged the FIR.

2.

That after receiving the FIR the Officer-in-Charge of the Police Station

started

Shahbag

Police

Station

(PS)

Case

No.1

dated

25.08.2014

corresponding to GR no- 5 of 2014 under section 386 of the Penal Code and
one Mr A. Halim, Sub-Inspector of police took up the investigation in to this
case.

3.

That the police arrested the appellant on 25-08-2014 as produced by

the informant and other witnesses. Subsequently, he was enlarged on bail


by the learned Metropolitan Sessions Judge in Criminal Miscellaneous Case
No. 1 of 2014 and till the date of the Judgment he was all through on bail
and never misused the privilege of bail.

4.

That after completion of the investigation Investigating Officer,

submits a charge sheet against the appellant and two other accused
persons under section 386 of the Penal Code.

5.

That thereafter the case record was sent to the Court of learned

Metropolitan Sessions Judge and was numbered as Metro Sessions Case


No. 01 of 2014 and he sent the case record to the Court of Metropolitan
Joint Sessions Judge, First Court, Dhaka for disposal.

6.

That on 16-09-2014, the learned Joint Metropolitan Sessions Judge

framed charge against the appellant and other accused persons under
section 386 of the Penal Code.

7.

That during trial the prosecution examines seven witnesses out of

fifteen as cited in the charge-sheet and the defence cross-examined them.

8.

That the defence case is that the appellant is quite innocent and he

has been falsely implicated in this case at the instance of rival of two other
accused persons. He is a worker of Toba Garment Industry and on the
alleged date of occurrence, he came to the Jatiyo Shaheed Minar premises
to attend a pro test meeting for realization of arrear salary and Eid bonus.
His name is Md. Abdil Hannun and according to his National ID card, SSC
certificate and the Identity card of Garments Industry he is 28 years old
and no incriminating article was seized from his possession.

9.

That the learned Joint Sessions Judge examined the appellant under

section 342 of the CrPC. During this examination the appellant has stated
the facts as mentioned in the paragraph No. 8 and he filed the copy of his
National ID card, SSC Certificate, ID card of his Garments and the some
other papers and documents.

10.

That after examining the accused persons under section 342 of

the CrPC The learned Joint Metropolitan Sessions Judge, First Court,
Dhaka convicted the appellant and two other accused persons under
section 386 of the Penal Code and sentenced them to suffer rigorous
imprisonment for 5 years and to pay a fine of Tk 10,000/- in default to
suffer rigorous imprisonment for six months more by the judgment and
order dated 13-11-2014.

11.

That being aggrieved by and dissatisfied with the aforesaid judgment

and order dated 13-11-2014 passed by the learned Joint Metropolitan


Sessions Judge, First Court, Dhaka in Metro Sessions Case No. 01 of 2014
the appellant begs to prefer this appeal before this Honorable Court under
section 408 (1) of CrPC on the followings amongst other-

-GROUNDSI.

For that the judgment and order dated 13.11.2014 is bad both in

law and facts.

II.

For that the learned Joint Sessions Judge failed to appreciate the

inherent falsehood and absurdity of the prosecution case.


III.

For that the charge was not properly framed and read over and

explained to the appellant.


IV.

For that the prosecution failed to prove the allegation against the

appellant under section 386 of the Penal Code beyond reasonable doubt.

V.

For that the recognition of the appellant by the witnesses is very

much doubtful.

VI.

For that the prosecution witnesses are very much interested and

partisan.

VII.

For that the most natural and independent witnesses who were

presented in the place of occurrence have been withheld by the prosecution


without assigning any reason.

VIII.

For that no incriminating articles has been recovered from the

possession of the appellant.

IX.

For that the appellant was not properly examined under section

342 of the CrPC and the learned Joint Sessions Judge did not take into
consideration the statement made by the appellant and the papers and
documents submitted by him.

X.

For that the learned Joint Sessions Judge failed to appreciate that

the name, age and complexion of the appellant is inconsistent with the
prosecution story as stated by the informant and other witness.

XI.

For that the learned Joint Sessions Judge failed to appreciate the

defence case.

XII.

For that the learned Joint Sessions Judge misread and mis-

appreciated the oral and documentary evidence and came to an erroneous


finding.

XIII.

For that learned Joint Sessions Judge failed to appreciate the

provisions of section 367 of the CrPC in writing the judgment.

XIV.

For that under the facts and circumstances of the case, evidence

and materials on record and the provisions of the law, the judgment and
order passed by the learned Joint Sessions Judge is liable to be set aside.

Wherefore it is most humbly prayed


that your Honour would be graciously
pleased to admit this appeal, notify the
respondent, call for the records and on
perusal of the same and hearing the
parties allow this appeal set aside the
judgment and order dated 13-11-2014
passed by the learned Joint Metro
Sessions Judge in Metro Sessions Case
No.

01

of

2014

and

acquit

the

appellant and or pass such other or


further order or orders as your Honour
deems fit and proper.
-AndPending hearing of the appeal stay the
realization of fine and enlarge the
appellant on bail.

And for this act of kindness the appellant as is duly bound shall ever pray.