Abstract[Charges:- Crimes against Humanity, genocide, abetment and complicity in committing such crimes as specified in section 3(2)(a)(c)(g)(h) read with section 4(1) of the Act No. XIX of 1973]
'All the crimes, particularly listed in charge nos. 01, 02, 03 and 05 relating to genocide, murder of un-armed innocent civilians and other inhumane acts as crimes against Humanity were the worst and barbaric types of crimes and are particularly shocking to the conscience of mankind. It is well proved that accused Md. Abdul Jabbar Engineer had direct complicity and substantially contributed and facilitated in the commission of such barbarous types of crimes and as such no punishment other than death will be equal to the said horrendous crimes for which the accused has been found guilty beyond reasonable doubt in the respective charges.
Having considered the attending facts, legal position and the gravity and magnitude of the offences, listed in charge nos. 01,02,03 and 05, committed by accused Md. Abdul Jabbar Engineer, we unanimously hold that the accused deserves the highest punishment i.e. capital punishment, particularly in those four charges, as provided in section 20(2) of the Act of 1973. But in the same breath, we cannot overlook the advanced age of the accused, the mitigating factor, which has come up before us for its due consideration.
Undisputedly, accused Md. Abdul Jabbar Engineer is now an old man of more than 82 years. Mitigating factor of advanced age, particularly more than 82 years of the accused is taken into consideration by this Tribunal for taking lenient view in the matter of awarding punishment to the accused. Having regards to the above facts and circumstances, we are of agreed view that ends of justice would be met if mitigating punishment is awarded, instead of capital punishment for the crimes as listed in charge nos. 01, 02, 03 and 05 and, accordingly, accused Md. Abdul Jabbar Engineer who has been found guilty beyond reasonable doubt is sentenced to suffer 'imprisonment for life till his natural death' for each of the said four charges under section 20(2) of the Act of 1973. It may be mentioned here that a finding of mitigating circumstances relates to assessment of sentence and in no way derogates from the gravity of the crime. It mitigates punishment, not the crime... .'
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Language : English
Entry Type : ICT-BD Judgments and Orders
Uploaded By : Rayhan Rashid
Upload date : Tuesday, 24 February 2015