IN THE COURT OF THE LEARNED METROPOLITANSESSION JUDGE, DHAKA

Criminal Appeal No. o1 of 2014

In the matter of :An appeal under section 408 (1) of the Code of Criminal Procedure.

AndIn the matter of :Md. Abdul Hannon alias Picchi Hannon son of … Address ……

............. Accused PetitionerVersus

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 Officer-in-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-

-GROUNDS-I. 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.

-And-Pending 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.