Gauhati High Court
Robin Boruah vs The State Of Assam And Anr on 5 December, 2023
Author: Malasri Nandi
Bench: Malasri Nandi
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GAHC010020142023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/99/2023
ROBIN BORUAH
S/O LATE TIKESWAR BORUAH, RESIDENT OF VILLAGE GONDHIYA
POKADAL, PS BIHPURIA, DIST LAKHIMPUR,
VERSUS
THE STATE OF ASSAM AND ANR .
REPRESENTED BY PP ASSAM
2:MRS. SANTI MANDAL
W/O SRI NIKHIL MANDAL
VILLAGE DONGIBIL
PS BIHPURIA
LAKHIMPUR
ASSA
Advocate for the Petitioner : MS. S G BARUAH
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./42/2023
ROBIN BORUAH
S/O LATE TIKESWAR BORUAH
RESIDENT OF VILLAGE GONDHIYA POKADAL
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PS BIHPURIA
DIST LAKHIMPUR
VERSUS
THE STATE OF ASSAM AND ANR .
REPRESENTED BY PP ASSAM
2:MRS. SANTI MANDAL
W/O SRI NIKHIL MANDAL
VILLAGE DONGIBIL
PS BIHPURIA
LAKHIMPUR
ASSAM
------------
Advocate for : MS. S G BARUAH
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR .
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 05.12.2023
Heard Ms. S.G. Baruah, learned counsel for the applicant and Ms. S. Jahan, learned
Additional Public Prosecutor for the State of Assam.
2. This interlocutory application under Section 389 of the Code of Criminal
Procedure, 1973, is filed for suspension of sentence and grant of bail to the applicant,
namely, Robin Boruah, who has been convicted by the learned Special Judge(POCSO),
Lakhimpur, North Lakhimpur, in Special(POCSO) Case No. 05/2018, vide Judgment
and Order dated 05.01.2023 and sentenced to undergo rigorous imprisonment for 5(five)
years and pay a fine of Rs.3,000/- i/d of payment of fine, simple imprisonment for
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3(three) months for committing offence under Section 10 POCSO Act and also awarded
rigorous imprisonment for 6(six) moths for committing offence under Section 342 IPC.
3. The learned counsel for the applicant has submitted that there is no eye witness of
the alleged incident and the applicant has been convicted purely on the basis of evidence
of P.W.1 and circumstantial evidence. The prosecution has failed to prove the guilt of the
applicant beyond all reasonable doubt. The learned trial court did not appreciate the
evidence and materials available on record as such, the judgment is liable to be set aside.
It is also contended that there are lots of infirmities in the impugned judgment and the
applicant/appellant has good case on merit in succeeding the appeal.
4. In response, the learned Additional Public Prosecutor has admitted that there are
some irregularity found in the judgment of the learned trial court and she has no
objection if the prayer of the applicant is allowed.
5. I have considered the submissions of learned counsel for the parties.
6. Considering the submissions of learned counsel for the parties as well as the period
of sentence, the prayer of the applicant/appellant is allowed. The sentence imposed on
the applicant/appellant in Spl. (POCSO) Case No. 05/2018, against the
applicant/appellant by the learned Special Judge (POCSO), Lakhimpur, North
Lakhimpur, vide judgment and order dated 05.01.2023 is suspended, subject to the
following conditions:-
a) The applicant/appellant is directed to be released on bail on his furnishing a
bond of Rs. 50,000/- (Rupees Fifty Thousand) only, with one surety of the like
amount to the satisfaction of the learned Special Judge (POCSO), Lakhimpur,
North Lakhimpur.
b) The applicant/appellant shall not indulge in any criminal activities during the
period of suspension of sentence.
c) The applicant/appellant shall not leave the jurisdiction of the concerned Court.
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d) It is made clear that this Court has not delved into the merits of the appeal.
7. With the aforesaid observations, this Interlocutory Application stands disposed of.
JUDGE
Comparing Assistant
