Bharat Pamegam vs The State Of Assam And Anr
2024 Latest Caselaw 4915 Gua

Gauhati High Court

Bharat Pamegam vs The State Of Assam And Anr on 17 July, 2024

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                                                                  Page No.# 1/3

GAHC010264012022




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

                                  Case No. : I.A.(Crl.)/98/2023

            BHARAT PAMEGAM
            S/O SRI TENU PAMEGAM, RESIDENT OF BORGURI GAON, PS GARAMUR,
            DIST MAJULI, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SHRI DHIREN POGAG
             S/O PADMOY POGAG
             RESIDENT OF VILLAGE BORGUN
             PS GORAMUR
             DIST MAJULI ASSA

Advocate for the Petitioner   : MR. R CHETRI

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./41/2023

            BHARAT PAMEGAM
            S/O SRI TENU PAMEGAM

            RESIDENT OF BORGURI GAON
            PS GARAMUR
            DIST MAJULI
            ASSAM
                                                                                   Page No.# 2/3



                VERSUS

               THE STATE OF ASSAM AND ANR.
               REPRESENTED BY PP ASSAM

               2:SHRI DHIREN POGAG
               S/O PADMOY POGAG

               RESIDENT OF VILLAGE BORGUN
               PS GORAMUR
               DIST MAJULI ASSAM
               ------------
               Advocate for : MR. R CHETRI
               Advocate for : PP
               ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                     BEFORE
                   HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

                                             ORDER

17-07-2024 Heard Mr. N Mili, learned counsel for the applicant/appellant and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the opposite party/respondent No. 1. Also heard Mr. A Dutta, learned counsel for the opposite party/respondent No. 2.

By judgment and order dated 28.11.2022 passed by the learned Special Judge (POCSO), Majuli in Special Case No. 105(JM)/2020 convicted the accused under Section 506 IPC read with Section 4 of the POCSO Act, sentencing him to suffer rigorous imprisonment for 1 (one) year for the offence under Section 506 IPC and rigorous imprisonment for 10 (ten) years with fine of Rs. 10,000/- for the offence under Section 4 of the POCSO Act, in default to suffer simple imprisonment for 2 (two) months.

The petitioner was taken into custody on 11.11.2020 during investigation of the case and later by order dated 26.02.2021, the learned Special Judge (POCSO), Majuli released him on bail.

Thereafter, he was again taken into custody on 28.11.2022 and sent to jail custody after Page No.# 3/3

passing the judgment of conviction and sentence. Since then, he is at District Jail, Majuli.

The respondents shall file their objections, if any, on or before 29.07.2024.

List on 31.07.2024.

JUDGE

Comparing Assistant