Citation : 2025 Latest Caselaw 5177 Gua
Judgement Date : 10 June, 2025
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GAHC010260672019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./424/2019
SRI RAMEN DAS
S/O- LATE TITHIRAM DAS, R/O- VILL.- SINGRA, P.S. KAMALPUR, DIST.-
KAMRUP, ASSAM, PIN- 781380.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE P.P., ASSAM.
2:SRI KUSUM KALITA
D/O- LATE BEKTA RAM KALITA
R/O- VILL.- BARKHA
P.S. KAMALPUR
DIST.- KAMRUP
ASSAM
PIN- 781380
Advocate for the Petitioner : MR. N AHMED, MR. R N D SARMA,MD S I AHMED
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
10.06.2025 Heard Mr. N Ahmed, learned counsel for the appellant and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State.
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2. Aggrieved by the conviction and sentence under Section 376 IPC dated 26.08.2019 passed by the learned Additional Sessions Judge, FTC, Kamrup at Rangia in Sessions Case No. 176/2016 arising out of Kamalpur Police Station Case No. 85/2015 corresponding to G.R. No. 615/2015, in which he has been convicted under Section 376 IPC and sentenced to undergo Rigorous Imprisonment for a period of seven years with fine of Rs. 10,000/-, the accused appellant preferred this criminal appeal.
3. This criminal appeal has already been admitted for hearing by order dated 11.11.2019 and the Registry has already received the relevant records of Sessions Case No. 176/2016 from the Court of the learned Additional Sessions Judge, FTC, Kamrup, Rangia.
4. From the records of the case it is seen that the appellant was arrested in said Kamalpur P.S. Case No. 85/2015 on 17.05.2015 and was later released after three months on 18.08.2015 on default bail, as prosecution failed to submit charge-sheet within time.
5. Thereafter, since 26.08.2019 the appellant is serving the sentence pursuant to the impugned judgment of conviction and sentence dated 26.08.2019 passed in said Sessions Case No. 176/2016, thereby the appellant is in judicial custody for about 6 years 1 month 14 days till date.
6. Bail prayer of the appellant after filing of this criminal appeal was rejected on 19.01.2021.
7. As this criminal appeal has already been admitted, relevant records have already been received and considering the above, Registry shall list this matter for hearing on 17.06.2025.
JUDGE
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