Surjya Barman vs The State Of Assam And Anr
2021 Latest Caselaw 406 Gua

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GAHC010003512021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                    Case No. : Crl.A./19/2021

            SURJYA BARMAN
            S/O- LATE PHUKAN BARMAN, VILL.- MURKUCHIA PARA, P.S. BARAMA,
            DIST.- BAKSA, ASSAM, PIN- 781333.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY PUBLIC PROSECUTOR, ASSAM.

            2:GITUMONI RAJBANGSHI
            W/O- SHRI RAJKUMAR RAJBONGSHI
            VILL.- MURKUCHIAPARA
             P.S. BARAMA
             DIST.- BAKSHA
            ASSAM

Advocate for the Petitioner   : MR. N BARMAN

Advocate for the Respondent : PP, ASSAM



             Linked Case : I.A.(Crl.)/42/2021

            SURJYA BARMAN
            S/O- LATE PHUKAN BARMAN
            VILL.- MURKUCHIA PARA
            P.S. BARAMA
            DIST.- BAKSA
            ASSAM
            PIN- 781333.
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             VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY PUBLIC PROSECUTOR
            ASSAM.

            2:GITUMONI RAJBANGSHI
            W/O- SHRI RAJKUMAR RAJBONGSHI
            VILL.- MURKUCHIAPARA
             P.S. BARAMA
             DIST.- BAKSHA
            ASSAM.
             ------------
            Advocate for : MR N BARMAN
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR



                                    BEFORE
                       HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                              ORDER

Date : 05.02.2021

By this application under Section 389 CrPC, the petitioners pray for suspension of sentence and bail.

Heard Mr. N. Barman, learned counsel for the appellant and Ms. S. Jahan, learned Addl. P.P., Assam.

The appellant was convicted under Section 8 of the POCSO Act vide judgment and order dated 21.12.2020 passed by the learned Special Judge, Baksa in Session Special (P) Case No. 33/2018 and sentenced to rigorous imprisonment for 3 years and to pay fine of Rs. 10,000/- with default stipulation.

Learned counsel for the petitioner referring to the evidence of the victim as well as the informant, copies of which have been annexed to the petition submits that the offence under Section 8 of the POCSO Act has not been proved, inasmuch as, no injury was found by the doctor as per the medical evidence.

I have perused the evidence brought on record including the statement of the victim recorded under Section 164 CrPC, copy of which have been annexed with the Page No.# 3/3

petition, which shows prima facie involvement of the petitioner.

Having considered the materials on record, I am of the view that this is not a fit case for suspension of sentence. Accordingly, the petition is dismissed.

I.A. stands dismissed.

JUDGE

Comparing Assistant