Abidur Rahman vs The State Of Assam And Anr
2025 Latest Caselaw 1824 Gua

Gauhati High Court

Abidur Rahman vs The State Of Assam And Anr on 8 January, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

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GAHC010149162024




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

                                Case No. : I.A.(Crl.)/706/2024

            ABIDUR RAHMAN
            S/O LATE RAMJAN ALI, R/O DEOPANI BASTI LUNPURIA, P.S.- GELAKEY,
            DIST.- SIVASAGAR, ASSAM.



            VERSUS

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

            2:FARIDA BEGUM
            W/O ABDUL ALI

            R/O DEOPANI BASTI
            P.S.- GELAKEY
            DIST.- SIVASAGAR
            ASSAM

Advocate for the Petitioner   : MS. S E AHMED, M AHMED

Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE FOR R-2
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                                   :: BEFORE ::
                HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA


                                    O R D E R

08.01.2025

Heard Ms. S.E. Ahmed, the learned counsel appearing for the applicant. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam representing Respondent No.1. Ms. B. Choudhury, learned counsel appears for the informant.

2. This is an application under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension of sentence imposed upon the applicant by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Special (POCSO) Case No.64/2023.

3. The applicant was convicted under Section 10 of the POCSO Act and was sentenced to undergo rigorous imprisonment for 5(five) years and to pay a fine of ₹5,000/-.

4. Now, the applicant has completed 6(six) months in judicial custody.

5. I have gone through the impugned judgment.

6. This Court is of the opinion that the sentence imposed upon the convict/appellant/applicant needs to be suspended. Therefore, the sentence imposed upon the applicant by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Special (POCSO) Case No.64/2023 shall remain stayed till disposal of the connected appeal.

7. The applicant Abidur Rahman shall be allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Addl. Sessions Judge-cum-

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Special Judge (POCSO), Sivasagar.

With the above direction, the Interlocutory Application is disposed of.

JUDGE

Comparing Assistant