Accident Law

Road Accident Cases: Conviction in handiest 5pc instances

Hours after Ataul Islam become beaten beneath the wheels of a bus on October 12 final 12 months, his own family filed a homicide case against the motive force, hoping to get justice. Soon after you charged the investigation, he arranged a meeting with the sufferer’s family and the bus proprietor. Riazul subsequently compelled the own family to strike a cope with the bus proprietor to withdraw the case and move domestic with a few cash instead, alleged Shamim, the sufferer’s brother-in-regulation who filed the case with Pallabi police within the capital.

The police respectable brokered the deal even though the case became filed under two particular penal code sections that don’t permit such out-of-courtroom settlements. In court language, those instances are called non-compoundable. The case changed into filed under section 279, which deals with rash riding, and 304 (B) that offers to inflict loss of life through rash or negligent driving, each taken into consideration extreme crimes.

Even so, after 5 months of “research,” the IO submitted the very last file at the side of a letter of settlement from the victim’s own family in March this year. He additionally appealed to the courtroom for the driving force’s acquittal, displaying him absconding. But the courtroom quickly noticed the violation of the law and rejected his report. It also told the Police Bureau of Investigation to take over the probe. In its remark, the court rebuked the IO for submitting the final record. “Investigation officers ought to exhibit expert talents and act handiest consistent with the law.”

Accident Cases

The PBI has seen that reopened the research and arrested Md Jashim, the driving force of the Achim Paribahan bus that killed Ataul, a garment employee, whilst he was crossing the street in the Pallabi region. Not all households are as fortunate, but. Police and court docket assets stated most street twist of fate cases are settled outdoor the courtroom, with police officers acting as middlemen. A senior professional on the Police Headquarters stated best 4-5 percent avenue coincidence instances see conviction consistent with year.

Last year, 2,609 accident cases were filed throughout the USA, up from 2,562 in the previous 12 months.
Metropolitan Public Prosecutor Abdullah Abu stated that a huge number of twist of fate cases do not even reach the courtroom. “They are settled outdoor the court, resulting in a terrible conviction rate. In different cases, the accused get acquitted due to defective investigations,” he advised The Daily Star remaining week.
TK 70,000 FOR A LIFE?

In Saul’s case, bus proprietor Shukkur Mohamamd Khokon and his pals met Shamim, the complainant, after he filed the case. They then asked him to settle the matter in the presence of police, said Md Ibrahim, a neighbor who changed into a gift at the time. Inside the police station, the IO and the bus proprietor threatened him with results if he did not reach a compromise, said Sheikh Mohammad Alam, any other neighbor present at some point of the negotiation.

Pressured, Shamim stated he would settle for Tk 5 lakh. But the bus owner boasted he might want to comfy bail for the motive force for only Tk five,000 and supplied Shamim Tk 50,000, witnesses stated. The IO intervened and offered Tk 70,000 on behalf of the bus proprietor and pressured him to take the deal, stated Rashida Begum, Atul’s widow. Rights activist Nur Khan Liton stated that such settlements in road accident instances had become commonplace as police no longer acted well.

“Besides, the lengthy investigation procedure regularly renders sufferers and their households helpless. So they attain a compromise to get some monetary gain,” he delivered. Asked, Sohel Rana, assistant inspector standard (media) on the PHQ, instructed investigating officers to connect special importance to accident cases. “They are now more cautious when handling coincidence instances.”

‘DID NOTHING, KNEW NOTHING’

Bus motive force Jashim is now in prison, and the PBI is planning to submit the price sheet in a month. However, the police took no action towards SI Riazul. Contacted, he said he had not anything to do with the settlement. “The complainant reached a compromise with the bus owner. Why might the police be worried in this once they don’t have any advantage out of this?” stated Riazul, nevertheless published in Pallabi.
He saved mum whilst requested why he submitted a letter of compromise in a case filed underneath the non-compoundable section.

Nazrul Islam, officer-in-fee of Pallabi Police Station, stated he changed into but to get hold of the courtroom order, although the PBI obtained the equal order on March 27, days after the court issued it. “We will without a doubt take the vital initiative after receiving the courtroom order,” he brought. The Daily Star called the bus owner at least 30 times over the last week, but he did now not select up the decision. This paper additionally visited Paribahan’s bus counter. However, its employees declined to remark.

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