In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and order of acquittal, unless there is non-consideration or misreading of evidence, or miscarriage of justice arising out of misconception of law, gross procedural irregularities and apparent harshness of treatment. Generally an accused enjoys the presumption of innocence and an accused acquitted on trial acquires an added advantage of proven innocence………………………………………(8)

Cross-cheque/ Account Payee cheque as negotiable instrument

Cross-cheque/ Account Payee cheque is also cheque as contem­plated in section 138(1) of the Negotiable Instru­ments Act but only changes its normal character by ceasing its negotiability but it does not lose its char­acter as negotiable instrument as defined in section 13 of the Act.………….(10)

Interpretation of Statute

The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 6 (1)

Under section 6(1) of Ain, 2000, the offence must be a complete one, not an attempt. . . The offence under section 6(1) would be complete when the victim is totally under control of the accused. Unless the victim be totally under the control of the perpetrator or till that stage comes, no one could gather for what purpose the victim was taken by the perpetrator. And total control could not be seen unless that stage has arrived, that is, the victim was being removed from the care and custody of his guardian. To find a person guilty under this section, the prosecution must prove that the perpetrator illegally traffics any child or sells any child and with a view to trafficking any child keeps any child under his custody for the said purpose and the child is found under the total control of the perpetrator. The word 'keep' is very significant. Keep does not mean 'is going with' but it means 'to stay in a particular condition or position'. And stay means 'to continue to be in a particular place for a period of time without moving away'. To hold anyone as guilty of the offence under this Ain, 2000, for trafficking, then the accused should be put on trial when the victim was found to be under the custody and control of the offender at least for a considerable time, not when there is an attempt for the offence…………………………(18)

Section 6(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is jumbled up sections 359, 360, 361, 362, 363, 364, 364A, 365 of the Penal Code and by this jumbled up, a law has been promulgated, which has not been drafted properly, and it stands as harsh law. Harsh law is good law for veteran or seasoned criminals. Harsh law should not be applied in a case when there is possibility of acquittal or the fact does not invite any harsh sentence. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law should not be applied to an accused as the accused has a right for fair trial which cannot be possible under harsh law…………………………………….(23)

On awarding sentence

Death sentence is a sentence which should be passed when the offence committed has not been compatible with any other sentence. Sentence is the judicial determination of a punishment to be inflicted on the facts of the given case. A Judge is sitting for doing justice; a Judge is not a butcher who sits only to hang the accused. Even a condemned prisoner has the right to know why he or she was sent to the gallows or why he/she is to die………………(19)