Gauhati High Court
Md Akter Khan @ Bapon Khan vs The State Of Assam And 2 Ors on 9 October, 2023
Page No.# 1/4
GAHC010063692023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/290/2023
MD AKTER KHAN @ BAPON KHAN
S/O KAYEM KHAN, VILL.- HAGJER NAGAR (TILLA BOSTI), P.S.- HAFLONG,
DIST.- DIMA HASAO, ASSAM.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE P.P., ASSAM.
2:SHIBU SHARMA
S/O LATE DILA RAM SHARMA
R/O MARYLAND
SURAT NAGAR
P.O.- HAFLONG
DIST.- DIMA HASAO
ASSAM.
3:SANJANA CHETRI
D/O TEG BAHADUR CHETRI
R/O MARYLAND
SURAT NAGAR
P.O.- HAFLONG
DIST.- DIMA HASAO
ASSAM
Advocate for the Petitioner : MR. J LASKAR
Page No.# 2/4
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./124/2023
MD AKTER KHAN @ BAPON KHAN
S/O KAYEM KHAN
VILL.- HAGJER NAGAR (TILLA BOSTI)
P.S.- HAFLONG
DIST.- DIMA HASAO
ASSAM.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE P.P.
ASSAM.
2:SHIBU SHARMA
S/O LATE DILA RAM SHARMA
R/O MARYLAND
SURAT NAGAR
P.O.- HAFLONG
DIST.- DIMA HASAO
ASSAM.
3:SANJANA CHETRI
D/O TEG BAHADUR CHETRI
R/O MARYLAND
SURAT NAGAR
P.O.- HAFLONG
DIST.- DIMA HASAO
ASSAM.
------------
Advocate for : MR. J LASKAR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
09.10.2023
(M. Zothankhuma, J)
Heard Mr. J. Laskar, learned counsel for the applicant. Also heard Ms. S.
Jahan, learned Addl. PP appearing for the State.
This application has been made under Section 389 Cr.PC for suspending the
sentence passed in connection with the conviction of the appellant under
Section 4 of the POCSO Act, vide Judgment dated 23.02.2023 passed by the
learned Special Judge, Dima Hasao, Haflong in Sessions Special Case No.
8/2019. The applicant's counsel submits that while the age of the victim as per
the Medical Officer is 18 to 19 years as per the X-ray findings, the learned Trial
Court has taken the age of the victim to be 16 years, on the basis of the photo-
copy of the School Leaving Certificate.
The applicant's counsel submits that the photo-copy of the School Leaving
Certificate was not proved by the prosecutrix and even though the learned Addl.
PP had submitted an application, vide Petition No. 442/2020, praying to
summon the Headmaster of Bolduna M.E School, Haflong as a Court witness to
authenticate the veracity of the contents of the photo-copy of the School
Leaving Certificate, the learned Trial Court has not taken any decision on
Petition No. 442/2020, even though the same is recorded in the Trial Court's
order sheet dated 16.12.2020.
Page No.# 4/4
The learned counsel for the applicant submits that the applicant being 35
years of age, having wife and children, the sentence imposed on the applicant
should be suspended and the applicant should be released on bail.
The learned counsel for the applicant also submits that as per the
evidence of PW-4, the car in which the victim was allegedly rape could not have
entered Ethnic Park, Jatinga, Haflong.
Ms. S. Jahan, learned Addl. PP on the other hand, submits that the victim
girl having identified the applicant as the perpetrator of the rape committed
upon her, the application for suspension of the sentence and bail should be
rejected.
On considering the materials on record and without going too deep into the
merits of this case, we are of the view that no case for suspension of the
sentence has been made out. Accordingly, the application for suspension of the
sentence and bail is rejected.
I.A. is accordingly disposed of.
[ JUDGE JUDGE
Comparing Assistant
