Gauhati High Court
Md. Rafique Faruk @ Rafique Faruque vs The State Of Assam And Anr on 11 December, 2023
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GAHC010274902023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./523/2023
MD. RAFIQUE FARUK @ RAFIQUE FARUQUE
S/O MD. NUR MAHAMMAD FARUQUE
VIL- GUTLONG,
P.S. TEZPUR
DIST. SONITPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:MD. ABDUL BASAR
S/O MD. ISLAM UDDIN AHMED
VILL- GUTLONG
P.O. KALIABHOMORA
P.S. TEZPUR
DIST. SONITPUR
ASSAM
PIN-78402
Advocate for the Petitioner : MR. D A KAIYUM
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 11.12.2023
Heard Mr. D. A. Kaiyum, learned counsel for the petitioner.
This application under Section 401 read with Section 482 of the Code of
Criminal Procedure, 1973 has been filed by the petitioner, namely, Md. Rafique
Faruk @ Rafique Faruque, impugning the judgment dated 10.11.2023 passed by
learned Sessions Judge, Sonitpur, Tezpur in Criminal Appeal No. 23 (S-4)/2022
whereby the judgment passed by learned Assistant Sessions Judge, Sonitpur,
Tezpur in the Sessions Case No. 53/2022 on 19.10.2022 was modified to the
extent only that the present petitioner was convicted under Section 325 of the
Indian Penal Code and his sentence was reduced from 3 years to 1 year 6
months and to pay a fine of Rs. 500/- with default stipulation.
The learned counsel for the petitioner has submitted that the First
Appellate Court has erred in coming to the finding of guilt of the present
petitioner as it has failed to consider the fact that there were no independent
witnesses and there were several contradiction amongst the prosecution
witnesses which were not taken into consideration while coming to the finding
of guilt of the present petitioner.
Learned counsel for the petitioner has also prayed for allowing the petitioner to
remain on previous bail after suspending the said sentence imposed on
the present petitioner during the pendency of the instant revision petition.
Heard Additional Public Prosecutor for the state respondent.
Issue notice to the respondents.
As learned Additional Public Prosecutor has appeared for the respondent
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no. 1, no formal notice need to be issued to the respondent no.1.
As regards respondent no.2 is concerned, the petitioner shall take steps
for service of notices to the respondent no.2 by registered post with A/D within
three days from the date of receipt of this order, returnable within four weeks.
Let the case record of Criminal Appeal No. 23 (S-4)/2022 as well as the
case record of Sessions Case No. 53/2022 from the Court of learned Sessions
Judge, Sonitpur, Tezpur.
Considering the grounds taken by the petitioner in this revision petition as
well as the submissions made by learned counsel for the petitioner, the
operation of sentence imposed on the present petitioner by the impugned
judgment is suspended during the pendency of this criminal revision petition
and the petitioner is allowed to remain on previous bail.
Let this matter be listed again after four weeks.
JUDGE
Comparing Assistant
