Introduction

I am Junayed kabir student of Mawlana Bhashani Science and Technology University in

Criminology and police science department of 2nd year 2nd semester. I took an interview of
defendant and plaintiff whose faced various problem in criminal justice system or criminal
proceeding step. Elius mia who is a defendant of the case for causes of murder and local
businessmen murder was caused by his brother related to parental property. Md . Anamul houqe
is a plaintiff of the another case for rape both of the person are faced some problem . His
daughter is a victim of this case. It was caused when his daughter come back home after study.
This offence was caused by the college boy. I took both of them interview and asked some
common issue that interrupt the criminal proceeding. They reply in own language and I am
converted their speech into English.This interview is taken from two parties in their local area.
Interview is in here which taken by me.

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 Qualitative Interview on

Investigation of Problems in Criminal Justice System

(The purpose of this interview is merely academic and we will try our best to keep your
information confidential)

Time of Interview: 29-01-2017

Place of Interview: Trishal ,Mymensingh

Name of the Interviewer: Junayed kabir

Signature of the Interviewer:

Address of respondents

Socio demographic status of defendant

Name :Elius mia

Age:35

Religion: Islam

Occupation: Business

Marital status: Married

Relation with plaintiff: neighboor

Address (contract number): Village :Alongjany,

P.O:Barma.

P.S:Trishal.

District: Mymensingh.

Division: Mymensingh.

Phone number :01757656758.

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 Socio demographic status of plaintiff

Name :Md:Anamul houqe

Age: 40

Religion :Islam.

Occupation :Farmer .

Marital status :Married.

Relation with defendant :Brother.

Address (contract number):Barma, Trishal, Mymensingh, 01762367179.

Interview of Defendant

1. Please briefly describe the case of which you are a defendant/ family member of
defendant? (What, When, How, Who (involved victims, accused), how long, first
offender, etc.?

Ans :I am a defendant for the complaint of murder case.it was committed in January
2016.this murder was committed as a result of quarrel related to property .we are five
brother counted as accused for this murder case at the same time it was a second time
offence because before this case I were a accused of pretty thief .present case are running for
1 year.

2. Do you think, the responses of police towards you were in line with the law? Or do you
have any particular comments/concerns on police responses to deal with this case?
(Police responses during arrest, physical force, and search and seize, recovery, presenting
before magistrate, remand, appearing in court etc.).

Ans :I think the police response toward me in line with law.it was illegal for commit crime
yet it was result of high level of angry . I was arrested after 2 month from occurred crime
date.now physical force are common in police administration ,in remand time was three days

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 in may case.in may case was a simple .i am transfared from custody within 20 houre before
magistrate .

3. Have you experienced any abuse of power/ illegal influence by the police to access legal
benefits/opportunity or to enjoy due process (offender rights, information to family,
meeting with family, appointment and consultation of lawyer, remand, bail etc.)?

Ans :I have experienced abuse of power /illegal influence by the police to access legal
benefit ,information to family is a major issue in criminal proceeding sometime police does
not inform to family and meeting with family member in my case was very restricted
.remand was very important issue in my case because police demanded illogical remand
period and use physical force high level in remand when do not get many that is abuse of
police power .

4. Please evaluate the attitude of police towards the defendant/or family members.( e.g.
Cooperative/ neglectful )

Ans: attitude of police towards the defendant /family member is oviousely hard .police
member think defendant already criminal yet not proved criminal in court that occurred
in may case.neglectful attitude of police express in maximum case .i think without soft
attitude police member toward defendant/family member trial or investigation process
can not successful .

5. Please briefly, explain the involvement and role of your lawyer for this case? How is
he/she dealing with this case? (Do you think he/she is capable to deal with this case?
Explain his/her limitations. Are you satisfied with his/her services?)

Ans: Role of lawyer for this case to inform the defendant to prepare for trial proceeding or to
make guideline to prepare evidence .i think lawyer in may case is
capable to deal with case.yet lawyer is capable but at the same time have many
limitation in trial proceeding such as long period of trial is a major limitation of
lawyer .I am not completely satisfied with the services of lawyer.

6. How much do your lawyer cost for each hearing/appointment? Is it too high or moderate? Do
the lawyer charge more than the general fee for bail hearing or resisting remand? Up to date, how
much did you pay to your lawyer (estimated)? Or have you made any contract

with a consolidated amount for the whole trial period? If yes, how much is it?

Ans :

6. Please evaluate the attitude of your lawyer toward the defendant/or family members. (e.g.
Cooperative/ neglectful/ never meet but consult via Jr. lawyer / Assistant).

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Ans : Attitude of my lawyer toward the defendant /or family member is very friendly and helpful
.when I appoint may lawyer he taken all the responsibility .I can friendly consult with my lawyer
.

7. Do you think, your examination/evidence presentation before the court were conducted
appropriately? If not, why? Do you have any particular concern about the attitude of
public prosecutor? Or judge?

Ans : Yes , I think my examination /evidence presentation before court were conducted
appropriately . I judges and public prosecutor pay a positive role in the trial process.

8. Have you faced any force to plead guilty? If yes, how and by whom?

Ans :Yes, I have faced to plead guilty when case are running in court show different fear and
external force on my family member so that I plead guilty by the plaintiff and other people
whom support plaintiff.

9. Do you think the witness in favor of you were presented/examined properly in the court?
If not, what was the wrong?

Ans :I think the witness in favor of my were presented /examined properly in the court

10. Have you ever identified yourself in a deprived condition/discriminated/ underprivileged

during the trial process? If yes, in which stages, by whom

Ans :Yes I have identified myself in a deprived condition in the trial process

11. Please briefly, mention the major problems you have experienced in trial process? (Long
duration: why? Hearing? Witness presentation: what? How? Like this . . . )

Ans : There are many major problems in trial process that I have experienced such as long
duration because many case are running in criminal justices system at the same time but not
enough court,lawyer ,judges .witness presentation is other problem in trial process date and date
fixed in criminal trial by this way trial procedure become problematic .

12. Recommendation for the development of the present situation for a fair trial process:

Ans :since criminal trial are problematic we have to overcome the major problem in criminal
trial for that reason I have thought some recommendation to get rid of present situation such as

Established more court to remove this condition.

Appoint more judges so that enhance more opportunity to solve past cases.
Need speedy trial .
To give full freedom in judicial system so that judicial body can take right decision.
To remove all political influence from the judicial system.

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 Interview of Plaintiff

1. Please briefly describe the case of which you are a plaintiff/ family member of victims?
(What, When, How, Who (involved victims, accused), how long, etc.?

Ans :I am a plaintiff of rape case. it was occurred in 20 octabor 2016.when my daughter goes to
college everyday but one day she did not came back home .next day she came
back home with raped.5 college boy was accused for this case.

2. What was your first response after the victimization?

Ans :after came back daughter ,first response was filling FIR in the police station.

3. Have you faced any external threat before or after filing the case? Please explain briefly.

Ans :Yes ,I have faced external threat before and after filling case in the police station .I have an
other daughter she reads in class ten when older daughter raped then came a call from wrong
number to abstain filing case if I do so other sister will be raped.now not stop threat from
accused when I loaded FIR more threat started coming from defendant.

4. Do you think, the responses of police was satisfactory after lodging the FIR? Do you face
any problem to file a FIR?

Ans :I think responses of police was satisfactory after loading the FIR.when I arrived to load FIR
the duty officer help me so I did not face any problem to file FIR.

5. Do you have any particular comments/concerns on police responses to deal with this
case? (Police responses FIR, Negligence, asking bribery, negative attitude, etc.)

Ans :Yes ,I have particular comments on police response to deal with in this case .I have not face
problem in FIR but had to paid 100taka .since I am a plaintiff of a rape case negative attitude was
high and police negligence toward plaintiff an other problem in criminal justice such as sir busy
,come after some time,next day etc.

6. Do you think the Police investigation is going on impartially and properly? If not, why?

Ans :No,because defendant are more strong politically and wealthy for that reason investigation
became slow and not proper way.

7. Please briefly, explain the involvement and role of public Prosecutor (PP)/Lawyer for this
case? How is he/she dealing with this case? (Do you think he/she is capable to deal with
this case? Explain his/her limitations. Are you satisfied with his/her services?)

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Ans :Role of public prosecutor /lawyer for this case is major task in trial proceeding by finishing
every hearing in proper way, inform important new information to plaintiff, etc. He dealing with
case by presenting new evidence and important document ,defendant examination etc. I think he
is capable to deal with this case.yet he is capable for this case but has some limitation such as
does not find new clue ,trial process become long day day etc.I am not fully satisfied with his
service .

8. Do the PP ask any cost for conducting this trial or accessing any legal benefits? If yes,
how much?

Ans :No,Public prosecutor does not ask any cost for conducting or accessing any legal benefit .

9. Up to date, how much did you pay to your PP/lawyer (estimated)? Or have you made any
contract with a consolidated amount for the whole trial period? If yes, how much is it?

Ans :Up to date ,I have paid to my lawyer estimate 50000-60000 taka in my trial proceeding .but
I have not contract with lawyer for whole trial period . I have paid many in every hearing .

10. Please evaluate the attitude of PP/Lawyers towards victims or family members.( e.g.
Cooperative/ neglectful )

Ans : Attitude of PP /lawyers towards victim or family member is very cooperative in criminal
trial. when started trial proceeding whole responsibility was taken by the lawyer and all
important update arrived to victim via lawyer.

11. Do you think, your examination/evidence presentation before the court were conducted
appropriately? If not, why? Do you have any particular concern about the attitude of
public prosecutor? Or judge?

Ans : Yes , I think my examination /evidence presentation before court were conducted
appropriately . I judges and public prosecutor pay a positive role in the trial process.

12. Do you think the witness in favor of you were presented/examined properly in the court?
If not, what was the wrong?

Ans : I think the witness in my favor were presented /examine properly in the court .

13. Have you ever identified yourself in a deprived condition/discriminated/ underprivileged

during the trial process? If yes, in which stages, by whom

Ans : Yes, I have identified yourself in a deprived condition/discriminated/underprivileged

during the trial process in cros examination stages by the defence lawyer .since victim was
raped.cros-examination by irrelevant question.

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 14. Please briefly, mention the major problems you have experienced in trial process? (Long
duration: why? Hearing? Witness presentation: what? How? Like this . . . )

Ans :There are many major problems that I have faced in the criminal trial .such as long duration
is a most serious problem in trial for that issue many victim can not run case as result victim do
not get proper judgement and hearing is an other problem after 15 days -30days hearing become
fixed that is mostly expensive of parties. Lastly witness presentation is a regular problem in trial
process .it is whole responsibility of parties to present witness assurance in the court sometime it
is very difficult for any victim.

15. Recommendation for the development of the present situation for a fair trial process:

Ans :

First recommendation from me to decrease trial period.

To remove political influence from the judicial system .
Established more judicial institution .
Appoint more judges so that trial process become more speedy.
To give fully freedom in judicial system.

Conclusion :

Trial proceeding is the middle and important part of a criminal justice system .defendant and
victim want to get proper judgement by the exsisting trial system .At present time judicial
system of Bangladesh that exsist in justice system are fully problematic because of
social,political and economic environment .when right of two parties will be ensure then fair
judgement will be possible in this context .this justice system was introduce by the britsh
ruler 1898( CrPc) but still it is active now . I agree with that former justice system is
appropriate with in all context at the same time we have to know that present and past
situation is not same by politically ,historically.economically so exsisting legal system should
be changed with a view to adapt all the condition.we know our judicial system are free from
any external influence but it is partly true still now not fully free.Goverment should quickly
solve old case sothat trial process become speedy .problem in criminal justice is not new
issue it was,is,will through this situation we have to overcome present problem then fair
judgement will be possible.

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