Sri Ramdhan Namasudra @ ... vs The State Of Assam And Anr
2023 Latest Caselaw 2388 Gua

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GAHC010186502018




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

                                  Case No. : Crl.A./295/2018

            SRI RAMDHAN NAMASUDRA @ MANORANJAN
            S/O LATE ROSHOMAI NAMASUDRA, R/O VILL. NO. 2 SARISHABARI, P.S.
            SAMAGURI, DIST. NAGAON, ASSAM.



            VERSUS

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

            2:SRI NITAI NAMASUDRA
             S/O LATE NIPENDRA NAMASUDRA
             R/O VILL.NO. 2 SARISHABARI
             P.S. SAMAGURI
             DIST. NAGAON
            ASSAM
             PIN 78213

Advocate for the Petitioner   : MRS. A DEVI

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                  HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : 06.06.2023 (Michael Zothankhuma, J)

Heard Ms. A. Devi, learned Legal Aid Counsel for the appellant. Also heard Ms. S. Jahan, learned Public Prosecutor for the State.

The present appeal has been filed against the impugned judgment dated 24.04.2018, passed by the Special Judge, Nagaon in Special Case No. 48(N)/2016, by which the appellant has been convicted under Section 6 of the POCSO Act and Section 302 of the IPC.

The appellant has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 10,000/-, in default R.I. for 6 months under Section 302 of the IPC. The appellant has also been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 10,000/-, in default, R.I. for 6 months under Section 6 of POCSO Act. Both the sentences are to run concurrently.

The appellant has been convicted on the basis of circumstantial evidence. During the hearing of this case, it has to come to light that there were positive test for spermatozoa in Exhibit No. Sero-3627/C and Exhibit No. Sero- 3627/E, Exhibit No. Sero-3627/G and also Exhibit No. Sero-3627/I.

It appears that the FSL, Kahilipara-1 did not make any examination with regard to whether the spermatozoa found in the above Exhibits matched each other.

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Accordingly, in the event that the seized materials have not been destroyed, the prosecution shall take steps for having an examination of the Exhibit No. Sero-3627/C and Exhibit No. Sero-3627/E, Exhibit No. Sero-3627/G and also Exhibit No. Sero-3627/I made, to ascertain whether there is a match of the spermatozoa in the above exhibits.

The report of the FSL, Kahilipara-1 should be obtained within a period of one (01) month from today.

List the matter after one (01) month.

                                         JUDGE           JUDGE



Comparing Assistant