Abdul Mazumder vs The State Of Assam And Anr
2024 Latest Caselaw 248 Gua

Gauhati High Court

Abdul Mazumder vs The State Of Assam And Anr on 12 January, 2024

                                                                      Page No.# 1/3

GAHC010293562023




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

                                    Case No. : Crl.A./9/2024

            ABDUL MAZUMDER
            S/O LATE EUSUF ALI,
            VILL.- HATKHULA, P.O.- SONAPUR, P.S.- SONAPUR, DIST.- KAMRUP
            (METRO), ASSAM, PIN- 782402.


            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY P.P., ASSAM.

            2:KHUDEJA BEGUM
            W/O MD. ANOWAR HUSSAIN

            VILL.- HATKHULA
            P.O.- SONAPUR
            P.S.- SONAPUR
            DIST.- KAMRUP (METRO)
            ASSAM
            PIN- 782402

Advocate for the Petitioner   : MR. A CHAUDHURY

Advocate for the Respondent : PP, ASSAM

             Linked Case : I.A.(Crl.)/42/2024

            ABDUL MAZUMDER
            S/O LATE EUSUF ALI
            VILL.- HATKHULA
            P.O.- SONAPUR
            P.S.- SONAPUR
            DIST.- KAMRUP (METRO)
            ASSAM
                                                                             Page No.# 2/3

            PIN- 782402.


            VERSUS

           THE STATE OF ASSAM AND ANR.
           REP. BY P.P.
           ASSAM.

           2:KHUDEJA BEGUM
           W/O MD. ANOWAR HUSSAIN

           VILL.- HATKHULA
           P.O.- SONAPUR
           P.S.- SONAPUR
           DIST.- KAMRUP (METRO)
           ASSAM
           PIN- 782402.
           ------------
           Advocate for : MR. A CHAUDHURY
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

Date : 12.01.2024

Heard Mr. N. Mahajan learned counsel for the appellant and also heard Mr. R. J. Barua learned Addl. P.P. for the State respondent.

This application u/s 389(3) of Cr.P.C. is preferred by the applicant for suspension of sentence. It is to be noted here that the applicant stood convicted in Sessions Case No. 203/2020, and sentenced to suffer rigorous imprisonment for one year and also to pay fine of Rs. 5,000/- with default stipulation, u/s 506 IPC and also sentenced to suffer rigorous imprisonment for five years and also to pay a fine of Rs. 10,000/- with default stipulation, under Section 10 of the POCSO Act. Let notice be issued to the respondent returnable on 29.1.2024 Page No.# 3/3

Mr. Mahajan submits that though the informant Smti. Khudeja Begum has been impleaded as respondent No.2 herein this case, yet, she has suffered demise as per the evidence of victim girl, which is available at Page No. 25 , Annexure- C of the petition and as such father of the victim girl, namely, Md. Anowar Hussain may be impleaded as respondent No.2 and notice be issued to him. Prayer is allowed.

Registry to do the needful in this regard.

Registry shall also call for the record from the learned Court below. List the matter on 29.01.2024.

Learned counsel for the applicant further submits that the applicant suffered brain stroke on the very date of pronouncement of the judgment and though he has been sent to jail, from there, he has been referred to GMCH Guwahati . In view of the above, it is provided that Registry shall call for a report from the Superintendent, Central Jail Guwahati in respect of the present status of health of the applicant.

JUDGE

Comparing Assistant