Sri Ramdhan Namasudra @ ... vs The State Of Assam And Anr
2023 Latest Caselaw 4001 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 MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 27.09.2023

(M. Zothankhuma, J)

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

This Court vide order dated 06.06.2023 had directed the FSL, Kahilipara-1, to make an examination of Exhibit No. Sero-3627/C, Exhibit No. Sero-3627/E, Exhibit No. Sero-3627/G and Exhibit No. Sero-3627/I, to find out as to whether the spermatozoa found in the above Exhibits matched with each other. In response to the same, the Director, In-Charge, FSL, Kahilipara, has written a letter dated 11.09.2023 to the Deputy Registrar of the Registry of this Court stating that an attempt shall be made to make an examination, if the remnants of the Exhibits have been preserved in proper condition.

In the impugned judgment dated 24.04.2018, passed by the learned Special Judge, Nagaon, in Special Case No. 48(N)/2016, arising out of Samaguri P.S. Case No. 472/2015, under Section 302 of the Indian Penal Code read with Section 4 of the POCSO Act, 2012, the learned Trial Court had directed that the seized materials should be destroyed.

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In that view of the matter, the Registry shall obtain a report from the learned Trial Court as to whether the above referred Exhibits have been destroyed and if it is still there, whether it has been properly preserved.

List the matter on 07.11.2023.

                              JUDGE                              JUDGE


Comparing Assistant