Summer 2020 Eastern University

LAW 325 CRIMINAL LAW II

TERM FINAL EXAMINATION
Total 40 Marks(30 script+10 viva)
Time- 96 hours from 12 October, 2020- 12.30 hours
th

General Instructions:

1. The following question is for the Term Final Examination of the Summer, 2020
semester, which due to the continuing unprecedented global pandemic situation will be a
take home examination.
2. The paper should be typed in MS Word using Times New Roman, font size 12, single
spaced with page numbers.
3. Those without access to any Laptop or Desktop may write the paper by hand, take their
picture and email a PDF version of those pictures to the Course Teacher. If in any case
such electronic submission is not possible, with prior permission, the paper can be sent by
post/courier. Anyone requiring availing the postal submission option should contact
immediately with the Course Teacher for approval and corresponding postal address.
4. The paper must be your own independent work and no plagiarism would be accepted.
However, you are encouraged to explore online and the bear Act, DLR and other
resources to support your argument or points, provided those sources are properly
referred in the footnote and included in the Bibliography at the end of the paper.
5. There should be a cover page with your name, ID number, course code, course title, date
of submission and semester.
6. The file containing your paper should be saved in the following name format
Sum20 Name-Id-FINAL- Law 325
e.g. Sum20-Rony- 12345- FINAL- Law 325.
1. The subject line of mail should be “Submission of Criminal Law II -Final Examination
Paper- Summer 2020”. PAPERS NOT FOLLOWING THIS METHOD SHALL NOT BE
ACCEPTED.
1. Papers should be mailed to rehnuma@easternuni.edu.bd by 12.30 hours of 16 October,
th

2020.
Please answer any THREE from the following questions. All questions are of equal
value.

1. Please identify what offences are present in the following situations with relevant
provisions.
i. Siski had met a guy online and got involved in a romantic relation with him very
soon. After a week the sent her father a text with some of her compromising
photographs and asked for money. He said he would release those pictures on
facebook if he did not pay.
ii. Kiron wanted to divorce his wife but couldn’t as all his property was in her
name. One night he mixed a medicine in her water and got her to sign papers
conveying all the property to Kiran as well as a divorce paper. His wife was so
heavily medicated that she could not even stay awake and did whatever her
husband asked her to do.
iii. Aki blamed his neighbour Kiki of stealing his wifi network.
iv. X’s friend D was leaving Bangladesh for couple of years and left 5 lac taka
with him for safe keeping. After couple of months X was approached about a
scheme that would double the money deposited within a month. Since D did not
need the money anytime soon X thought this was a good opportunity to quickly
double the money and invested it in the scheme. Within a week the people of
scheme left with the money and X lost the whole amount.
v. A loan officer approved a loan to his brother-in-law without security and inquiry
in to his project.

2. Mr. Shomik was talking to his employee Ms. Kiron in the office about an ongoing
project which was being handled by another employee Kajol. The project was not
going well and while discussing this Mr. Shomik said, “I am really worried whether
the project would be completed in time. You know how Kajol is. Careless about
money with no sincerity. I am even suspicious whether he is adopting any unfair
means”. Another employee Kiku, who was also Kajol’s friend, heard this and
immediately sent a mail to Kajol about it, with a cc to Mr. Khan, another senior
colleague of theirs. Kajol was enraged learning about the comment and accordingly
he filed a complaint to the MD against his boss Mr. Shomik. In his complaint after
stating the comment made by Mr. Shomik, Kajol also said that, “It is Mr. Shomik who
has always shown careless, irresponsible and insincere behavior in the professional
capacity. He has a questionable character and he has having an affair with Ms.
Kiron which is a clear violation of office protocol”.
When Mr. Shomik was notified about the complaint by a show cause notice from the
MD of the Company, he was really upset with all the false statement made by Kajol
and he has come to you, a lawyer to take legal action against Kajol and the MD for
defamation. Please assess the whole situation and advise whether Mr. Shomik has
any potential liability and whether he has a valid case against Kajol and the MD.
Also List the exceptions of defamation.

3. i. Before his death Alimuzzaman gave a property of 4 katha to his only daughter
vide a hiba. The hiba deed was signed and registered on 13th May, 2017. His wife
knew about it but his two sons did not. After his death when it was public, one his
son, Tamim was really upset about it. He had a lot of debts and was hoping to
clear them off with the inheritance he would get which has substantially
decreased with the hiba. He had already found a buyer of that piece of land.
Tamim sold the land to his buyer for 25 lac taka, concealing the original hiba.
When the buyer wanted to take possession, Tamim showed the buyer and later
to his sister as well a false instrument dated 23rd January, 2017 in which his
father has conveyed that piece of land to him. Please discuss the possible
offences in this situation. 4
ii. Distinguish between Cheating and Forgery. 4
iii. Can a person commit mischief on his own property? 2

4. i. Distinguish between Extortion and Criminal Intimidation 3

ii. Abetting or accompanying in dacoity creates a common liability- Explain this
notion with a discussion on ‘conjointly’ as discussed in Dacoity.
4
iii. Mina’a mother-in-law pushed her from the stairs after knowing she was 6
months pregnant with a girl child. The baby died because of the accident and
Mina was severely injured. When she came back after 2 months her in laws gave
her an ultimatum that, either she has to birth to a male child or give taka 50lac to
stay in this house. Please discuss and identify an offence present in this
situation. 3

5. Jabir is a CNG auto rickshaw driver and his wife works in a garments factory. His
wife Afia is a beautiful women and one of the employees in the factory she works
in, has been teasing and disturbing her from long. Jabir knew about it and tried to
protect his wife as best he could. The man- Jhontu, has recently rented a place
near Jabir and Afia's place and on a daily basis he teases Jabir and Afia. He calls
them up at odd hours and one night he even tried to get in the house. After a
week of that incident Jhontu tried to grab Afia when she was going to the
garments factory. Afia struck Jhontu with a stick lying on the road and saved
herself. Since then Jhontu has been threatening to go to the police. One Friday in
bazar Jhontu and his friends said very nasty things about Afia to Jabir. That got
Jabir really angry and he decided to teach Jhontu a lesson. The next night Jabir
went to Jhontu's place and asked him why he is annoying his wife. The
 discussion became violent and at one point Jhontu came to kick Jabir. A struggle
ensued. Jhontu over powered Jabir and started to strangle him. To save himself
Jabir took a glass vase from a nearby table and struck Jhontu on his head.
Jhontu fell and lost consciousness. The next day a man came to Jabir's home.
He started asking questions about Jhontu and asked Jabir to come with him. But
the man did not give any information about himself or where he wanted to take
Jabir. As he tried to force Jabir by showing a pistol Afia got really scared and
pushed the man. He fell on the doorstep and was unconscious. Jhontu came at
that moment and said the man was a police officer and either Jabir pays 3 lac
taka or let Jhontu marry Afia or he would file a case against them. He started to
pull Afia and proceeded to rape her. Afia was fighting as best she could but
Jhontu was very powerful, Jabir to save his wife struck Jhontu with a lathi, he
died.
Now a case has been filed against both Jabir and Afia for murder of Jabir and for
assaulting a police officer. As their lawyer, please put forward arguments in their
favour. Also identify what offences have been committed in this situation with
relevant provisions.

6. Today an amendment of the Nari O Shishu Nirjaton Daman Ain, 2000(as

amended up to 2003) has been approved by the cabinet enhancing the
punishment of rape up to death penalty. Do you think the legal regimen about
rape and other sexual offences as stands in Bangladesh presently is enough to
address the growing sexual violence in the country? Discuss. How would you
have drafted the law if you were given the opportunity?