Mahim @ Mohim Duarah @ Moloka vs The State Of Assam
2022 Latest Caselaw 3486 Gua

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GAHC010110112022




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

                                 Case No. : I.A.(Crl.)/259/2022

            MAHIM @ MOHIM DUARAH @ MOLOKA
            S/O LATE DHANI DUARAH, R/O PULIBAR GAON, P.O.-MORABAZAR, P.S.-
            AMGURI, DIST- SIVASAGAR, ASSAM

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY P.P. , ASSAM.

            2:SMTI JINU GOGOI
            W/O SHRI AJIT GOGOI
             R/O PULIBAR GAON
             P.O.-MORABAZAR
             P.S.- AMGURI DIST- SIVASAGAR ASSA

Advocate for the Petitioner   : MR. DITUL DAS

Advocate for the Respondent : PP, ASSAM

             Linked Case : Crl.A./207/2021

            MAHIM @ MOHIM DUARAH @ MOLOKA
            S/O LATE DHANI DUARAH
            R/O PULIBAR GAON
            P.O.-MORABAZAR
            P.S.- AMGURI
            DIST- SIVASAGAR
            ASSAM

             VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSAM
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           2:SMTI JINU GOGOI
           W/O SHRI AJIT GOGOI
            R/O PULIBAR GAON
            P.O.-MORABAZAR
            P.S.- AMGURI
            DIST- SIVASAGAR
           ASSAM
            ------------
           Advocate for : MR. C BORUAH
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                           ORDER

Date : 12.09.2022

Heard Mr. C. Baruah, learned counsel, assisted by Mr. D. Das, learned Advocate appearing for the applicant/appellant as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent No. 1.

By this interlocutory application under Section 389(2) Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 22.09.2021, passed in Special (POCSO) Case No. 30/2018 by the learned Special Judge (POCSO), Sivasagar, has prayed for suspension of sentence and to allow him to go on bail.

The prosecution case as unfolded in trial is that on 22.07.2018 at about 11.30 AM, while the appellant/applicant was fishing in Singi River, on the pretext of giving crabs, he called the daughter of the informant, who was watching him catching fish and, thereafter, committed physical misdeed with her and also threatened her not to disclose the incident to her parents.

The prosecution has filed written objection. Perused the same.

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On scrutiny of the case record, it is prima facie noticed that there are certain vital discrepancies and contradictions in the evidence of the prosecution witnesses, more particularly, between the evidence of the victim girl (PW2) and PW5 as well as PW7, the doctor. Also considered the grounds of appeal in the connected Crl. Appeal No. 207/2021. This Court, therefore, finds that there are substantial grounds for adjudication of the connected appeal.

For the above stated reasons, it is provided that the sentence passed against the appellant/applicant by the learned Special Judge (POCSO), Sivasagar in Special (POCSO) Case No. 30/2018 vide order, dated 22.09.2021 is hereby suspended and the applicant is directed to be released on bail of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Sivasagar till disposal of the connected appeal.

With the above directions, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant