Sajahan Ali vs The State Of Assam And Anr
2021 Latest Caselaw 726 Gua

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GAHC010032302021




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




                                   I.A.(Crl.)/103/2021 in
                                     Crl.A./55/2021


         SAJAHAN ALI
         S/O- AIYEB ALI
         VILL.- KHARPURI CHAPORI
         P.O. AND P.S. MANGALDAI
         DIST.- DIST.- DARRANG
         ASSAM
         PIN- 784125.


          VERSUS

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

         2:MD. LAL MIAH
         S/O- LATE SAHABAR SHEIKH
         VILL.- KHARPURI CHAPARI
          P.O. AND P.S. MANGALDAI
          DIST.- DARRANG
         ASSAM
          PIN- 784125.
          ------------
         Advocate for : MR. S K ROY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

01-03-2021 Heard the learned counsel for the applicants/appellants. Also heard Mr. A. Begum, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1.

By this Interlocutory Application under Section 389 Cr.P.C., the applicants/ appellants were convicted under Section 4 of The Protection of Children from Sexual Offences (POCSO) Act, 2012 and sentenced to undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs. 10,000/- (Rupees Ten Thousand), in default of payment of fine, to suffer simple imprisonment for a period of another 4 months vide the impugned Judgment dated 25.01.2021 passed by the learned Additional Sessions Judge (FTC), Darrang, Mangaldai in Special (POCSO) Case No. 05/2018.

On hearing the learned counsel for both sides and perusal of the impugned Judgment dated 25.01.2021 passed by the learned Additional Sessions Judge (FTC), Darrang, Mangaldai in Special (POCSO) Case No. 05/2018, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 55/2021 and the applicants/appellants are allowed to remain on previous bail.

JUDGE

Comparing Assistant