State v. Shahidul Islam 44 DLR (AD) 1992

Court: Appellate Division, Supreme Court of Bangladesh 

Bench: 

1. Chief Justice Badrul Haider Chowdhury 
2. Justice ATM Afzal 
3. Justice MH Rahman 

Date of Judgment: 23 November 2005 

Parties Involved: 

1. Appellant: State 
2. Respondent: Shahidul Islam 

Facts of the Case 

• A young boy named Shamim Reza was murdered and his body was found in a sack. ● The prosecution argued that the accused, Shahidul Islam, had a dispute with the boy’s father and committed the murder. 
• There were no direct witnesses, and the case was built entirely on circumstantial evidence. 
• The Trial Court convicted Shahidul Islam under Section 302 (murder). ● The High Court Division acquitted him due to insufficient evidence. 
• The State appealed. 

Issues Raised 

1. Whether the circumstantial evidence was strong enough to prove the accused’s guilt beyond a reasonable doubt. 
2. Whether the High Court was correct in overturning the conviction. 

Arguments of the Parties 

• State (Appellant): 

1. The chain of circumstances clearly established Shahidul Islam’s involvement. 2. Motive + opportunity + recovery of the body were sufficient. 

• Respondent (Accused): 

1. The prosecution failed to prove every link in the chain of circumstances. 2. Suspicion cannot replace proof.

Judgment / Final Decision 

• The Appellate Division upheld the High Court’s acquittal. 
• The State’s appeal was dismissed. 
• The accused was fully acquitted. 

Legal Reasoning 

• For a conviction based solely on circumstantial evidence, the prosecution must establish an unbroken chain of events. 
• Each circumstance must point only to the accused’s guilt, not to multiple interpretations. ● In this case: 

1. Motive was not firmly established. 
2. No eyewitness testimony. 
3. Recovery of the body did not directly link the accused. 

Therefore, the benefit of the doubt must go to the accused.