Salma Begum vs The State Of Assam And Anr
2023 Latest Caselaw 3211 Gua

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GAHC010163032023




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

                                Case No. : I.A.(Crl.)/639/2023

            SALMA BEGUM
            W/O SWAMI AKTAR,
            VILL.- KHALPARA, RED LIGHT AREA, W/NO. 7,
            P.S.- SILIGURI, DIST.- DARJEELING (W.B.).

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PP, ASSAM

            2:BHOLA PRADHAN

             S/O LATE KRISHNA BAHADUR PRADHAN
             VILL.- SABTIPARA (PATGAON)
             P.S.- SERFANGURI
             DIST.- KOKRAJHAR
             ASSAM

Advocate for the Petitioner   : MR A RAHMAN

Advocate for the Respondent : PP, ASSAM


                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 21.08.2023 (Michael Zothankhuma, J)

Heard Mr. A. Rahman, learned counsel for the applicant and Ms. S. Jahan, Page No.# 2/2

learned Additional Public Prosecutor.

2. This is an application under Section 389(2) Cr.P.C. for suspending the sentence passed by the learned Trial Court in pursuant to the judgment dated 04.11.2022 passed by the learned Special Judge, Kokrajhar in Case No. Special 29/2020, by which the applicant was convicted under Section 6/17 of the POCSO Act, Sections under the IPC and the Immoral Traffic (Prevention) Act, 1956.

3. We have heard the learned counsel for the applicant and the learned Additional Public Prosecutor. The evidence of P.W.2, who is the prosecutrix, is to the effect that she was drugged by her boy friend Jahanuddin and when she woke up, she found herself in the house of a person, who was identified by Jahanuddin as his sister. Thereafter, the applicant was taken to the house of the appellant/applicant, wherein she was made to have sexual intercourse by force with various unknown persons, until she was rescued by the police.

4. On considering the fact that the prosecutrix was recovered from a brothel in Siliguri and keeping in view the deposition of the prosecutrix, we are not inclined to suspend the sentence imposed upon the applicant and grant bail to the applicant. The application is consequently rejected.

5. The I/A is accordingly disposed of.

                                    JUDGE                         JUDGE

Comparing Assistant