IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL APPELLATE JURISDICTION) Present:

Mr. Justice Md. Shohrowardi

Criminal Appeal No.5000 of 2023 Mostofa Mohsin

…….Appellant -versus-

The state and another

…….Respondents

Mr. Azizur Rahman Dulu, Advocate

…. For the appellant

Mr. A.K.M. Fazlul Haque , Advocate

……For the respondent No. 2 ACC

Mr. S.M. Golam Mostofa, DAG with

Mr. Md. A. Mannan, AAG

….For the State in all the appeals. Heard on18.02.2024, 19.02.2024, 04.03.2024, 05.03.2024, 21.04.2024 and 23.04.2024.

Judgment delivered on 24.04.2024.

This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed challenging the legality and propriety of the impugned judgment and order dated 31.03.2022 passed by Special Judge, Court No. 10, Dhaka in Special Case No. 2 of 2020 convicting the appellant under section 420 of the Penal Code, 1860 and sentencing him thereunder to suffer rigorous imprisonment for 07 (seven) years and to pay a fine of Tk. 3,00,00,000 (three crore), in default, to suffer rigorous imprisonment for 1(one) year.

The prosecution case in short is that plot No. 1 measuring an area of approximately 280 sq