Jitu Gogoi @ Sukan vs The State Of Assam And Anr
2023 Latest Caselaw 4104 Gua

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GAHC010231482022




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

                                Case No. : I.A.(Crl.)/761/2022

            JITU GOGOI @ SUKAN
            S/O- SRI JIBESWAR GOGOI @ CHIRIKALI, RESIDENT OF TENGANI GAON
            UNDER BORPATHER PS, DIST.- GOLAGHAT, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP, ASSAM

            2:SMTI ARUNA DUWARAH

             W/O SRI RUPESWAR DUAWRAH R/O VILL- NO.2 BORHOLLA
             TENGANI
             P.S- BORPATHAR
             DISTRICT- GOLAGHAT
             ASSAM
             PIN- 78560

Advocate for the Petitioner   : MR. U CHOUDHURY

Advocate for the Respondent : PP, ASSAM




             Linked Case : CRL.A(J)/80/2022

            JITU GOGOI @ SUKAN
            S/O- SRI JIBESWAR GOGOI @ CHIRIKALI
             RESIDENT OF TENGANI GAON UNDER BORPATHER PS
             DIST.- GOLAGHAT
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           ASSAM


           VERSUS

           THE STATE OF ASSAM
           REPRESENTED BY PP
           ASSAM

           2:Smti Aruna Duwarah
           W/o Sri Rupeswar Duawrah
           R/O Vill- No.2 Borholla
            Tengani
           P.S- Borpathar
           District- Golaghat
           Assam
           Pin- 785602
            ------------
           Advocate for : MR. U CHOUDHURY
           Advocate for : appearing for THE STATE OF ASSAM



                                BEFORE
              HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                       ORDER

04.10.2023 (M. Zothankhuma, J)

Heard Mr. U. Choudhury, learned Legal Aid Counsel appearing for the applicant/appellant. Also heard Ms. S. Jahan, learned Addl. PP.

This application has been made under Section 389 (2) Cr.PC for suspension of the sentence imposed upon the applicant in connection with the Judgment & Order dated 28.02.2022 passed by the learned Special Judge, Golaghat in Special POCSO Case No. 42/2016, convicting the applicant under Section 6 of the POCSO Act and under Section 448 IPC. The applicant was sentenced to suffer R.I for a period of 12 (twelve) years and to pay a fine of Rs. 5,000/-, in Page No.# 3/3

default to suffer R.I. for a period of 3 (three) months for the offence under Section 6 of the POCSO Act. He was also sentenced to suffer S.I. for a period of 3 (three) months under Section 448 IPC.

The learned Legal Aid Counsel submits that there is a delay of 6 (six) months in filing the FIR, besides the victim girl being 18 years at the relevant time. He also submits that no DNA test had been done upon the applicant to prove that the child that was being carried by the victim girl belongs to the applicant. He further submits that the applicant is not willing to undergo any DNA test in this regard.

Ms. S. Jahan, learned Addl. PP on the other hand, submits that the delay in filing the FIR was due to an attempt made by the victim girl's family to settle the matter amicably. He also submits that the learned Trial Court had held that the girl had been made pregnant by the applicant.

We have heard the learned counsels for the parties.

On considering the fact that the learned Trial Court had come to a finding that the victim girl was a minor and that she had become pregnant due to the sexual relationship she had with the applicant, we are not inclined to suspend the sentence at this stage. Accordingly, the bail application is also consequently rejected.

I.A is accordingly disposed of.

        [                                 JUDGE                  JUDGE

Comparing Assistant