Daffodil International University

Semester: Summer 2021

Department of Law
Midterm Online Answer Script
Full Marks: 25 Time: 2.5 Hours (from: to: )
Date:
General Information (must be filled by the student
Course Title Law of criminal procedure ii Section 35 A
Course Code Law 309 Shift Day
Student ID 191-26-1351 Teacher’s Initials:
Time Started 9.00 am Time Ended 11.30
[Student must either TYPE or HAND WRITE the answers on this template]
[In every page of the answer script, student ID must be written on the top right corner of the
page]
Ans to the question no 1:

ANSWER TO THE QUESTION NO :01

The case is about, upon which grounds Discharge can be given under section 265C
of the Code of Criminal Procedure.
Discharge can be given if after submission of charge sheet, in the hearing, if the
court finds no valid ground from the records of the case or documents, for
proceed against such accused.
On basis of statement upon the record of the case and documents or his
designation or status can not be considered as ground for discharge.
All the evidences and statements of the witnesses is not clear against the accused
and valid charge was not  made against him.
The trial court can  accepts his application and discharged him  on the grounds of
his statement, designation and his status.
Analyzing section 265C, the High Court states that, the accused can only be
discharged under 265C if no ground to proceed against him is found in the case
record or documents.
Accused can submit his statements or documents in defense under section 342
but at the time of his examination, not before that.
If accused wants to give excuse to get rid of such charge then he is bound to
prove it under section 106 of the Evidence Act.
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The incident is Mr X lodged a first information report with the Foridgonj Police Station on

27.03.2010 against P, N & R. The informant is the owner of a piece of land by away

of inheritance. The informant has been living in the said land for a long time by

constructing a house. The accused persons named in the F.I.R. were trying to

dispossess them from the said land a for a long time but failed. A salish was held

on the date of occurrence and the local elite persons took an attempt to make a

peaceful compromise between the accused and the informant parties. At the time

of holding salish, the accused persons, all on sudden, being armed with deadly

weapons made on attacked upon the informant and his relations with lathal

weapon. The witnesses nos. 1-8 as shown in the F.I.R. tried to restrain them but

the accused persons assaulted the informant and his relations severally, broken

down their houses and took away valuable articles of the house (worth of) valued

at TK. 4,00000 (four lacs). It is stated in the F.I.R. that, amongst the accused persons,

accused P with a view to kill the victim Anzoman Begum inflicted a “Chheni” hit

on her head and the victim sustained a grievous cut injury. She was sent to Dhaka

for treatment. N with a view to kill Jolekha inflicted a “Dao” hit on the head of

Jolekha and she also sustained grievous cut injuries. R dealt lathi hits on the body

of witness No. 5 and caused lacerated injury. The victims were taken to Faridgonj

Health Complex but they were prevented. Thereafter they were sent to Chandpur

Sadar Hospital and was admitted. But the Chandpur Medical Authority did not

issue any certificate to the injured persons.

The learned Additional Sessions Judge took up a hearing for framing of charge on

29.2.2012 and accused persons submitted an application under section 265C of the Code

of Criminal Procedure for getting them discharged from the allegations made out in the

F.I.R.

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Ans to the question no. 2

An appeal is a statutory right of the parties whereas revision is the discretionary

power of courts. It Does not mean that courts are bound to accept all appeals .

Everyone has a right to be heard before any order is made or any decree is passed against him.
Similarly, everyone also has a right to appeal against such order or decree if the person believes
that he was heard properly or if the deciding authority ignored material facts or evidence while
determining the issues. However, to facilitate justice and prevent malicious or meritless
prosecution, the Code of Criminal Procedure provides situations where no appeal lies from the
order or judgment of a court in criminal cases.

According to section 404 of CRPC No appeal shall lie from any judgment or order of a
Criminal Court except as provided for by this Code or by any other law for the time being in
force.

In case where the accused person plead guilty and get convicted by the court in that case there
is no right to appeal but the accused can appeal only for the extent or legality of the sentence.
That means if the accused person had confessed his guilt before a court and was convicted on
such confession he cannot appeal against his conviction but can only challenge the extent or
legality of the sentence.

It is provided by section 412 of crpc. But if after pleading guilty, the accused feels that the
sentence passed by the trial court or any other court of the first instance is too harsh, an appeal
can be allowed in such circumstances as well to allow the accused to argue on the extent of the
sentence, i.e. imprisonment or/and fine.

An appeal cannot be taken from a criminal case that is considered petty in the eyes of law For
example in case where the court of session give sentence for only one month or a magistrate
give a fine not more then fifty taka only in that case there is no appeal for this petty cases. In
provision is included in section 413 of the code of criminal procedure.

Again in case of summary trial there is no right to appeal.

According to section 414 of CRPC " Notwithstanding anything hereinbefore contained, there
shall be no appeal by a convicted person in any case tried summarily in which a Magistrate
empowered to act under section 260 passes a sentence of fine not exceeding two hundred Taka
only."

It has already been established that in certain criminal cases, appeals are not allowed by the
Code of Criminal Procedure and there are certain exceptions to this rule as well.

The appeal is a constitutional right for an unsuccessful party in the court. Revision on the other
hand is discretion of the court, meaning it can take place or not.

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The appeal is a court hearing like any other while revision is not necessarily heard in the court.

In appeals, the courts have the power to interfere in any way but in revision the influence of
intervention is limited.

There is only one procedure involved in an appeal that is the hearing of the case. In revision,
however, two methods are included, preliminary and final.

An appeal is a continuation of the court proceeding on a certain case while a revision is

checking whether the legal actions were followed in the proceedings.

Ans to the question no 3.a:

according to the above question X has been sentenced to imprisonment for 5 (five) years. The
session court remitted his punishment on certain conditions.

The session court has no power to to remit the punishment of accuse only the government has
the power to remit it.

According to section 401 only the government can suspense or remit the sentence of the accuse
person.

In remission, the duration of the sentence is reduced, without changing the nature of the
sentence.

The procedure followed is given under Section 401 of CrPC. The government would ask the
opinion of the court which gave such a sentence. The court would revert with proper records.
The government can grant or reject the application for remission and suspension if in its view
all the conditions necessary for such a grant are not fulfilled. The power of remission is wholly
an executive action. There is no law as such to question the legality of this action.

According to section 401(1) When any person has been sentenced to punishment for an offence,
the Government may at any time without conditions or upon any conditions which the person
sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the
punishment to which he has been sentenced.

in the above question we notice that the session court has remitted the punishment on some
condition it has no legality because only the government can remit or suspense the
punishment.

Ans to the question no 3b:

3b

Revision of the high court 115.(1) The High Court Division may, on the application of any party
aggrieved, call for the record of any suit or proceedings, in which a decree or an order has been
passed by a Court of District Judge or Additional District Judge, or a decree has been passed by
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a Court of Joint District Judge, Senior Assistant Judge or Assistant Judge, from which no appeal
lies; and if such Court appears to have committed any error of law resulting in an error in such
decree or order occasioning failure of justice, the High Court Division may, revise such decree
or order and, make such order in the suit or proceedings, as it thinks fit.

(2) The Court of District Judge may, on the application of any party aggrieved, call for the
record of any suit or proceeding, in which an order has been passed by a Court of Joint District
Judge, Senior Assistant Judge or Assistant Judge, from which no appeals lies; and if such Court
appears to have committed any error of law resulting in an error in such order occasioning
failure of justice, the Court of District Judge may, revise such order and, make such order as it
thinks fit.

(3) A Court of Additional District Judge shall have all the powers of the District Judge under
sub-section (2) in respect of revision case which may be transferred to it by the District Judge.

(4) An application to the High Court Division for revision of an order of the District Judge or,
Additional District Judge, as the case may be, made under sub-section (2) or (3) shall lie, where
the High Court Division grants leave for revision on an (4) An application to the High Court
Division for revision of an order of the District Judge or, Additional District Judge, as the case
may be, made under sub-section (2) or (3) shall lie, where the High Court Division grants leave
for revision on an error of an important question of law resulting in erroneous decision
occasioning failure of justice, and the High Court Division may make such order in the suit or
proceeding as it thinks fit.

(5) Notwithstanding the substitution of this section, any proceeding commenced and pending
under section 115 prior to such substitution shall be disposed of in such manner as if section 115
has not been substituted.!

** Plagiarism will be checked after you submit your response. You are advised to be honest
during the online exam.
 Student ID:

** Plagiarism will be checked after you submit your response. You are advised to be honest
during the online exam.
 Student ID:

** Plagiarism will be checked after you submit your response. You are advised to be honest
during the online exam.
 Student ID:

** Plagiarism will be checked after you submit your response. You are advised to be honest
during the online exam.