High Court Division
Naziullaha Rahman (Rana) v The State and another
Criminal Revision 2326/2025 · Rule disposed of; matter sent back for retrial · Decided 17 August 2026
The complainant lodged an FIR alleging that the accused, by creating a forged deed, obtained mutation of 5 decimals of land in his name. The Additional Chief Judicial Magistrate, Bogra convicted the accused under section 471 of the Penal Code and sentenced him to two years' rigorous imprisonment. The Additional Sessions Judge, 5th Court, Bogra allowed his appeal on 24.04.2025 and acquitted him, and the complainant obtained a Rule in revision. The complainant argued that a photocopy of a heba deed bearing an added dag number, inconsistent with the original in the Balam Boi, had been used for mutation. The accused's side argued that the trial court convicted without corroboration and without proper procedure on whether the dag had been tampered with. The complainant's advocate called any such lapse an irregularity curable by retrial. The High Court Division held that the ends of justice would be best served by sending the case back to the trial court, with both parties allowed to produce additional evidence, and disposed of the Rule.
- Whether the appellate judgment acquitting the accused of an offence under section 471 of the Penal Code should be set aside.
- Whether the case should be sent back to the trial court for fresh adjudication with an opportunity for both parties to produce additional evidence.
- The ends of justice would be best served by sending the case back to the trial court for adjudication.
- Both parties are to be given an opportunity to produce additional evidence to prove their respective cases at the fresh adjudication.
- The Rule against the appellate judgment of acquittal was disposed of with these directions, and the lower court records were ordered to be sent down.
I am of the view that the ends of justice would be best served if the matter is sent back to the learned Trial Court for adjudicate with an opportunity to both parties to produce additional evidences to prove their respective cases.
