
Oral
Evidence- Oral evidence of PW 4 contradictory to the confessional
statement-This discrepancy arising out of the confessional statement and the
main prosecution evidence not noticed by High Court Division-This is another
infirmity in the conclusion of the HC Division.
Since the recovery of the sandal and the dagger have been found not to have been proved beyond all doubt, the prosecution case which rests on only oral evidence cannot be relied on for sustaining the conviction. Mizazul Islam vs State 41 DLR (AD) 157.