Deben Baruah vs The State Of Assam And Anr
2024 Latest Caselaw 4313 Gua

Gauhati High Court

Deben Baruah vs The State Of Assam And Anr on 14 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                           Page No.# 1/3

GAHC010061862024




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

                          Case No. : I.A.(Crl.)/561/2024




         DEBEN BARUAH
         S/O-LT. BIPIN CH. BARUAH
         R/O-SANTIPUR BAGAN
         P.S.-PALASHBARI
         DISTRICT-KAMRUP
         ASSAM


          VERSUS


         THE STATE OF ASSAM AND ANR
         REPRESENTED BY THE PUBLIC PROSECUTOR
         ASSAM


         2:SMTI. JOTILA RABHA

         W/O-KOKIL CH. RABHA
         R/O-VILLAGE-TULSIBARI (BAGAN)
         P.S.-PALASHBARI
         DISTRICT-KAMRUP
         ASSAM (INFORMANT)
         ------------



         Advocate for : MR. B HALDAR
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
                                                                                            Page No.# 2/3




                                      BEFORE
                     HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                       HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                                 ORDER

Date : 14.06.2024 [Manish Choudhury, J.]

Heard Mr. B. Haldar, learned Legal Aid Counsel for the applicant-appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

2. The present application under Section 389, Code of Criminal Procedure, 1973 is preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for release of the applicant-appellant on bail. The applicant as the appellant, has preferred the accompanying appeal against a Judgment and Order dated 07.11.2023 passed by the Court learned Additional Sessions Judge-cum-Special Judge [POCSO], Amingaon, Karmup in Special [P] Case no. 68/2018. By the Judgment and Order dated 07.11.2023, the accused-appellant has been convicted for the offence under Section 6, Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo simple imprisonment for another 4 [four] months.

3. Issue notice, returnable in 4 [four] weeks.

4. As Ms. Bhuyan, learned Senior Counsel & Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, State of Assam, issuance of formal notice stands dispensed with.

5. In terms of the Order passed today in Crl.A[J] no. 61/2024, the applicant-appellant shall take steps for service of notice upon the opposite party no. 2 in terms of the Practice Directions mentioned in the Notification no. 17 dated 15.03.2024 and the Order dated 23.06.2023 passed in Crl.A[J] no. 40/2022 [Dipak Nayak vs. The State of Assam]. It is ordered accordingly. Such steps on behalf of the applicant- appellant are to be completed within one week from today.

6. The learned Additional Public Prosecutor is to obtain a report as regards service of notice upon the opposite party no. 2-informant on or before the returnable date.

7. The learned Additional Public Prosecutor for the opposite party no. 1, State of Assam may file Page No.# 3/3

objection to the instant application on or before the returnable date.

                                                                         JUDGE        JUDGE
Comparing Assistant