Mokam: Human Traffic Prevention
and Control Tribunal as well as Women and Children Suppression Tribunal- 1, Bhrammonbaria.
District- Bhrammonbaria.
Present: Mr Md. Saifur Rahman
Human Traffic Prevention and Suppression
Tribunal and Justice (District Judge)
Women and Children Suppression
Tribunal- 1
Bhrammonbaria.
(In charge).
Date of Decree: 05/08/2018 AD on
Sunday. In Bengali 21st Srabon, 1425.
Human Traffic Crime Suppression
Tribunal No- 14/2017
State VS Complaint
(1)
Md.
Rabbi Alias Al Asif, Father- Late Bacchu Mia
(2)
Mosammad
Moyna Begum, Father- Late Bacchu Mia
(3)
Md.
Solaiman Mia, Father- Ali Akbar
All of village- Vatamatha, Police
Station- Akhaora, District- Bhrammonbaria.
Mr Md. Tajul Islam Khan, Learned
Special, P.P
.................................... In favor of
state
Mr. Jahirul Islam, Learned Lawyer
................................... In favor of the
complaints
Decree
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The brief description of the case
in favor of the prosecution is that, the 1st incident last dated
10/12/2016 AD on Saturday at around 05.00 in the evening the complaints no 1- 5
having been presented sitting in the home of complaint the witnesses no- 1- 4
for the purpose to take to the country in cash 5,20,000/- (Five Lakhs Twenty Thousands)
taka of 4 people in total 20,80,000/- (Twenty Lakhs Eighty Thousands) taka the
no 1- 5 complaints have received. Passport of 1- 3 witnesses have received. For
the purpose to human trafficking the complaints 2- 4 last dated 12/03//2017 AD
teh complaint and dated 16/03/2017 AD a/ 2 witnesses has trafficked the no 1
witness in the Brunai country. No 1 complaint Brunai airport to complaint ½
witness taking in his saving keeping imprisoned in the home showing fear has
tortured physically. No 6 witness complaint and 1/ 2 witness for the purpose to
make free the claimed 600000/- (six lakhs) taka the 2nd incident
last dated 20/04/2017 AD, paying to the complaints no 2- 4 in that time no 1
complaint and 1/ 2 no witnesses made imprisoned. The complaints and 1/ 2
witnesses strategically.
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Made themselves free from the
imprisoned home by the help of some of expatriate taking asylum in Bangladesh
Embassy by the supported of the witnesses dated 30/04/2017 AD has come to the Bangladesh.
Then the complaint Md. Shahb Uddin, Father- Late Hazi Muluk Hossen as went to
the Akhaora police to make complain officer in charge consulted the complainant
to make complain in this tribunal the type and way the the case of the complain
is made therefore.
The complainent Md. Shahab Uddin
by the written complain considering in this tribunal as F.I.R as per
investigation report is sent to the officer in charge of Akhaora police
station, Bhrammonbaria.
Officer in charge, Akhaora police
station as per instruction of the tribunal complain as counting F.I.R the duty
of the investigation has handed over to police inspector (investigation). S. I
Md. Delowar Hossen as receiving the duty of the investigation visiting the
incident place physically and he has drawn the draft map of the incident place.
As questioned the witnesses their voice record has been written as per section
161 of civil activities. But
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At the time of investigation
complain against him has proved primarily regarding that Akhaora police station
case no- 237, date- 20/09/2017AD, section- human traffic suppression and law,
2012 in section 6/7/8 is submitted.
Then the case as prepared for
justice the learned court the case for the purpose of justice and resolve is
sent to the women and children suppression tribunal by the learned justice. The
learned women and children suppression tribunal as receiving complain against
the complaint as per section 6/ 7/ 8 of human traffic prevention ad suppression
law law 2012 has received. Then against the complaints dated 26/07/2018 AD
complain is taken as per section 6/ 7/ 8 of human traffic prevention and
control law, 2012 as per given order. As complain made heard and explained by
reading to the presented complaints they claiming themselves as innocent wanted
justice. The state party total 3 witnesses has bee examined in this complain.
The witnesses of the witnesses are mentioned in bellow:
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The prosecution party no 1
witness Shahab Uddin (complaint) in his voice record told that, he is
complainant. The complaint is Rabbi Alias Al Asif. The complaint has taken him
in abroad. No good work was possible to be given. Later he has come to the country.
As he has come to the country as per words of the people he has made this case.
Later the complaints have paid the taka paisa. Regarding the human traffic no
incident has been happened. There is no complaining against the complaints If
the complaints are made free he ahs no any objection. His case shown- 1, Its
his given signature shown- 1/1 has been marked as prove.
The complaint party has declined the
questioning of the witness of the prosecution party.
The prosecution party no 2 witness
Khorshed Alam in his voice record told that, the complainant is my cousin. The
complaints are my neighbor. The complaint he and the complainant are sent to
the abroad. But as no good work has found they returned to the country. As
coming the country becoming agitated made the complain against the complaints.
Later making understood taka paisa
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Now he has no any complain
against the complaints. If teh complaints are become free he ahs no any
objection.
The complaint party has declined
the questioning of the witness.
The prosecution party no 3 Md. Al
Amin Munshi has declared tender. The complaint party has declined the
questioning of the complaint party. The state party as has ended receiving
witness as complaints have been examined as per section no 342 of civil
activities they have informed the court regarding giving statement demanding innocent
the complaints themselves.
Subjects To Tested:
1.
The
complaints 1st incident last dated 10/12/2016 AD on Saturday at
around 05.00 evening in that time becoming present to the home of 1- 5 no
complaints sitting in the living room of the complainant for the purpose to
take witnesses no 1- 4 in the country of Brunai of 5,20,000/- (Five Lakhs Twenty
Thousands) taka from 4 people in total 20,80,000/- (Twenty Lakhs Eighty
Thousands) taka has received from no 1- 5 complaints. The passport of no 1- 3
witnesses has received. The complaints no 2- 8 human
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For the purpose of trafficking
last dated 12/03/2017 AD to the complainant and dated 16/03/2017 AD no 1/ 2
witnesses have trafficked to the no 1 complaint in the country of Brunai. No 1
complaint from the Brunai Airport no 1/ 2 witnesses including complaint has
taken in his saving then made imprisoned in a home showing fear stopped giving
food has tortured him physically. No 6
witness the complaint and no 1/ 2 witnesses to make free from no 1 complaint
the complaints demanded 600000/- (six lakhs) taka in the 2 and incident last
dated and time on 20/04/2017 AD no 2- 4 complaints though have been paid
whether no 1 complaint and no 1/ 2 witnesses have been made imprisoned?
2.
Whether
thre have been proved without doubt complain as per section no 6/ 7/ 8 of human
traffic prevention and suppression law, 2012 against the complaints?
3.
Whether
they are eligible to get punished as per section 6/ 7/ 8 of human traffic
prevention and suppression law, 2012 against the complaints?
Discussion and Decision:
1-
3
no subjects to be examined: For the sake of taking decision and discussion the
subjects are as mutually related therefore the subjects from 1- 2 has been
taken as for discussion.
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The witness of the mentioned
above witnesses as the file has been observed that, in the complain the
complaint no other witnesses in their witness in the date and time the
complaints for the purpose of trafficking human in the abroad no words has been
mentioned therefore. More is seen from the witness of the witnesses that, they
have been taken to the abroad but as they have not been given the good work
they come to the country. The complaints as returned to the country to get
compensation made complain against the complaints. At present becoming resolve
locally the subject of complain against the complaint they have all of the
money of the compensation against the complaints. There has no any complain
against the complaints. If the complaints get free they have have no any any
objection. As a result in the date and time of the complaints they no 1/ 2
witnesses including the complaint have been trafficked to the abroad that has
not proved.
Considering the overall
circumstances and observing the prove and witnesses it has been proved to the
tribunal that, the prosecution party brought against the complaints human
traffic prevention and
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Suppression law, 2012 in section
no- 6/ 7/ 8 by the mentioned above witness and prove has been failed without
any doubt therefore. As a result the subjects to be considered the state party
and the complaint party have been arbitrated therefore.
Therefore,
The ordered is that,
The complaints of the complain
(1) md. Rabbi Alias Ali Asif, Father Late Bacchu Mia, (2) Mosammad Moyna Begum,
Father- Late Bacchu Mia, (3) Md. Solaiman Mia, Father- Late Ali Akbar, All of
Village- Vatamatha, Police Station- Khaora, District- Bhrammonbaria against
them the complain made as per section no- 6/ 7/ 8 of human traffic prevention
and suppression law, 2012 as has not proved without doubt and as there has the
scope of doubt the above mentioned complaints have been made free completely
and given exempt completely from the sections.
The complaints in free has been
given exempt from the liability of saving from those who have given bail.
My voice record is written and
amended.
Signature/ Illegible
Date- 05/08/2018 AD
21st Srabon, 1425 in
Bengali
(Md. Saifur Rahman)
Human Traffic Prevention Tribunal
and
Justice (District Judge)
Women and Children Torture
Suppression Tribunal- 1,
Bhrammonbaria.
(In charge)
Page
No- 10
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Taka Bangladesh Court Fee
Bangladesh
Duplicate Stamp
Stmap
Value Two Taka
1985- C Date- 06/08/2018 AD Date-
09/08/2018 AD
Ma: Pa: 13/ 17
Date- 09/05/2017 AD
Mokam: Honorable Women and
Children Torture Control Court.
Name of the Complanant: Md. Shahb
Uddin (26), Father- Late Hazi Muluk Hossen, Village- Vatamatha, Police Station-
Akhaora, District- Bhrammonbaria.
Name of the complaints:
(1)
Md.
Rabbi Alias Al Asif, Father- Late Bacchu Mia
(2)
Md.
Solaiman Mia, Father- Ali Akbar
(3)
Mosammad
Jiasmin Aktar (45), Husband- Md. Solaiman Mia
(4)
Mosammad
Moyna Begum, Father- Late Bacchu Mia
All of village- Vatamatha, Police
Station- Akhaora, District- Bhrammonbaria.
Name of witnesses:
1.
Md.
Showkot Sarkar, Father- Kamal Uddin Sarkar, Village- Vatamatha
2.
Khorshed
Alam, Father- Md. Jaju Sarkar
3.
Al
Amin Munshi, Father- Md. Bacchu Munshi, Both of them Village- Tan Mandail
4.
Md.
Rorhan Mia, Father- Kamal Uddin Sarkar
Refrence: Mokam- Human Traffic
Prevention Control Tribunal, Bhrammonbaria, Mokam no- 14/ 17
Shown no- 1
In favor of the state party/
defendant
Signature/ Illegible
Justice (District Judge)
Women and Children Torture
Control Tribunal- 1, Bhrammonbaria
In charge, 30/07/2018 AD
Shown no- 1/ 1
In favor of the defendant/ state
party
Signature/ Illegible, Justice
(District judge)
Women and Children Torture
Control Tribunal- 1, Bhrammonbaria
In charge, 30/07/2018 AD
The complain is made as per
section no- 3/7/9 of human traffic prevention control law, 2012 dated
09/05/2017 AD of the complain no- 11, in Akhaora police station receiving in
the police station at around 22.30 on dated 09/05/2017 AD.
Signature/ Illegible, 09/05/2017
AD
Md. Mosarraf Hossen Trafdar
BP no- 6890010340
Officer in charge
Akhaora police station,
Bhrammonbaria
Mob: 01713373737
As is seen
Signature/ Illegible
Senior Judicial Magistrate, Bhrammonbaria,
10/05/2017 AD
Page
No- 11
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5.
Hazi
Nazir Hossen, Father- Late Ulfat Ali
6.
Md.
Washim Mia, Father- Late Hazi Mulul Hossen, Both of them Village- Vatamatha
7.
Md.
Arshad Sarkar, Father- Jaju Sarkar
Village-
Tan Madail, All of police station- Akhaora, District- Bhrammonbaria
Date and
time of the 1st incident: 10/12/2016 AD on Saturday at around 5.00
PM.
Date and
time of the incident: 20/04/2017 AD on Thursday, at around 9.00 AM in the
morning.
Place of
the incident: Home of the complainant, police station- Akhaora, District-
Bhrammonbaria.
Complain:
Human Traffic Prevention and Control Law, 2012 AD in section no- 3/7/8/9.
The
sincere request with due respect of the complainant party is that,
The
complaints are the people of terrorist type, human broker, illegal human
traffic dealer, greedy to the property of other ones and law breakers
therefore. No 1 witness is my brother and other witnesses and relative and
neutral people as well. No 2- 4 complaints and the complainant are the
residence of the same village. Complaint in no 1 is son in law of the no 2
complaint. So no complaint in home of the complainant as coming the complainant
and brother of the complainant accompanied with no 1- 3 witnesses told to the
no 2- 7 witnesses
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That in
the country of Brunai he has good visa from the company. In the mentioned visa
each person works everyone will be paid 50,000/- taka salary every months and
other facilities will be received and to go to the mentioned country Brunai
everyone will require 5,20,000/- (Five Lakhs Twenty Thousands) taka. Later as
per the words of no 1 complaint, the complainant and no 1- 3 witnesses becoming
united in easy believe as become agreed and in the incident date and time no 1-
5 complainants becoming present in the home sitting in there the complainant no
1- 4 witnesses to take to the country of Brunai has received 5,20,000/- taka
from the 4 people in total amount of 20,80,000/- taka of the no 1- 5
complaints. Then all of the complaints receiving taka 20,80,000/- in present of
the witnesses the the passports of the complaint and no 1- 3 witnesses have
taken. Then witnesses no 1- 3 before the present witnesses within the next one
month will take to the abroad in Brunai. Complaints no 2- 4 for the purpose of
human traffic last dated 12/03/2017 AD to complainant and dated 16/03/2017 AD
no 1/ 2 witnesses in the country of Brunai no 1 complaint is trafficked. No 1
complaint in Brunai Airport
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Complainant
including 1/ 2 witnesses have been taken in saving making them imprisoned in a
home showing fear stopping giving food they have been tortured physically.
Complainant including the no 1/ 2 witnesses as requested to return to the
country no 1 complaint as for abduction money more 6,00,000/- taka has demanded
and mentioned has been told to deposit to the no 2 complaint in Bangladesh. The
complainant the incident as mentioned as has informed to the brother of no 1
complaint of 6 no witness by mobile no 6 witness as informed to the complaints
no 2- 4 they are in the voice of the no 1 complaint from the no 6 witness for
bringing to the country witnesses no 1- 2 including the complainant they
demanded 6,00,000/- taka as for abduction money. Hearing the mentioned incident
no witness having been in fear has not gone to the Brunai country, No 6 witness
complainant and no 1/ 2 witness to make free from hand of the no 1 complaint
though have been paid taka 6,00,000/- taka to the no 2- 4 on that 2nd
date and time of the incident no 1 complaint kept imprisoned the witness no 1/
2 including the complainant. The complainant and no 1/ 2 witnesses as becoming
fled from the imprisoned home strategically supported by some of the
expatriates taken asylum in Bangladesh Embassy
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Supported
by the embassy last dated 30/04/2017 AD the complainant and no 1/ 2 witnesses
have returned to the country. As coming to the country no 2- 5 complaints as
tried to get back the money from the complaints then the complaints have
threatened to kill in life no 1/ 3 witnesses and the complainant. The witnesses
have seen and knew the incident. They will prove the incident giving witness in
the court. There is attached the documents of the no 1- 3 witnesses including
the complaint. And he requested the right justice. Passports of the witnesses
of no 1- 3 with the photocopy of the visa are attached therefore.
The
complainant taking the subject into consideration as went to the related police
station with complain in unknown reason having been stopped from the complain
has given consultancy to make the complain in the court. Therefore there has
become late to make complain.
The complaints
have made crime as per section in written making the above mentioned incident.
So the right justice is wanted regarding the subject accordingly.
By date-
09/05/2017 AD
Sd/
Illegible
Date-
09/08/2018 AD
Duplicated
by
Duplicate
Department
District
Judge Court
Bhrammonbaria.
Page No- 15
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No-
1985- C Date-
06/08/2018 AD Date-
09/08/2018 AD
S. I Md. Delowar Hossen will
investigate the complain.
BP no- 6078051681
Primary information description
(Control no- 243)
0114437
Dr-
2071 (4)1/ Date-
09/05/2017 AD
Primary
information is related to the crime as per section no- 154 of civil activities
presented in the police station
Upazilla-
Akhaora GD. MS Code 2E
14P District-
Bhrammonbaria
No- 11/
140
Date
and time of 1st incident- dated 10/12/2016 AD, at around 5.00 PM in
the evening, 2nd incident date and time at 20/04/2017 AD and at 9.00
AM in the morning.
Date and time to present-
09/05/2017 AD at 22.30 PM
Place of the incident, away and
direction from the police station and duty area no
Place
of the incident: Under the police station Akhaora in 2nd no Dharkhar
union in the village of Vatamatha in the home of the complaint Md. Shahb Uddin,
Father- Late Hazi Muluk Hossen. Away: Around 14 KM South West from the police
station. UP no- 2 (Dhakhar), J.L no- 16.
Date to send from the police station-
Date- 10/05/2017 AD
The
complain typed by the complaint as counting as the description of the complain
the main copy has been attached as well.
Page No- 16
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Section-
03/07/89 of Human Traffic Prevention Suppression Law, 2012. Making human
traffic in the abroad by the grouped human traffic making cheated: sown fear,
manipulation and threat crime.
Results
of the case and answer to record the information late and activities of the
operation of the investigation
Memorandum
no of the learned order no- na: shi: bhra: 4416 dated 09/05/2017 AD in petition
complain no- 13/2017 related typed complain of the complaint received in the
police station filling up all of column of the complain form: complain is made.
Note is made in the khatian. the reason of late is mentioned in the description
of complain. Police inspector (investigation) will manage to investigate the
complain.
(Primary information will have to
be written in bellow)
Signature/ Illegible
Date- 09/05/2017 AD
Designation- Md. Mosarraf Hossen Tarafdar
BP no- 6890010340
Officer in charge
Akhaora polcie sttaion,
Bjrammonbaria.
Mob: 01713373737
Sd/
Illegible
Date-
09/08/2018 AD
Duplicated
by
Duplicate
Department
District
Judge Court
Bhrammonbaria.
Page No- 17
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N.B-
Primary information will be attested by the writing officer and will be given
with fingertips and signature of the news provider therefore.
Signature/ Illegible
Date- 09/05/2017 AD
Designation- Md. Mosarraf Hossen
Tarafdar
BP no- 6890010340
Officer in charge
Akhaora polcie sttaion,
Bjrammonbaria.
Mob: 01713373737
Name and home place/ address of
the complainer and news provider
Md.
Shahab Uddin (26), Father- Late Hazi Muluk Hossen, Village- Vatamatha, Police
Station- Akhaora, District- Bhrammonbaria.
Name and home place/ address of
the complaints:
(1)
Md.
Rabbi Alias Al Asif, Father- Late Bacchu Mia
(2)
Md.
Solaiman Mia, Father- Ali Akbar
(3)
Mosammad
Jiasmin Aktar (45), Husband- Md. Solaiman Mia
(4)
Mosammad
Moyna Begum, Father- Late Bacchu Mia
All of village- Vatamatha, Police
Station- Akhaora, District- Bhrammonbaria.
Brief description of the looted
goods and crime as per sections
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