Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 2 Ors on 5 March, 2025
Page No.# 1/5
GAHC010154042023
2025:GAU-AS:2404
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/693/2023
RAJU GOWALA
S/O LATE HARI GUWALA, R/O AMOLAPATTY, DIPHU TOWN, P.O. AND P.S.-
DIPHU, DIST.- KARBI ANGLONG.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE P.P., ASSAM.
2:SAJAL SAHA
S/O FAKIRA SAHA
R/O JHILMIL
P.S.- DIPHU
P.O.- DIPHU
DIST.- KARBI ANGLONG
PIN- 782460.
3:MISS X .
(VICTIM GIRL) D/O SAMBHU SAHA
R/O RONGSAMPHRI
DIPHU TOWN
P.O. AND P.S.- DIPHU
DIST.- KARBI ANGLONG
ASSAM
PIN- 782460
Advocate for the Petitioner : MR N M HAZARIKA,
Advocate for the Respondent : PP, ASSAM,
Page No.# 2/5
In Case : Crl.A./296/2023
RAJU GOWALA
S/O LATE HARI GUWALA
R/O AMOLAPATTY
DIPHU TOWN
P.O. AND P.S.- DIPHU
DIST.- KARBI ANGLONG.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE P.P.
ASSAM.
2:SAJAL SAHA
S/O FAKIRA SAHA
R/O JHILMIL
P.S.- DIPHU
P.O.- DIPHU
DIST.- KARBI ANGLONG
PIN- 782460.
3:MISS X .
(VICTIM GIRL)
D/O SAMBHU SAHA
R/O RONGSAMPHRI
DIPHU TOWN
P.O. AND P.S.- DIPHU
DIST.- KARBI ANGLONG
ASSAM
PIN- 782460.
------------
Advocate for : MR N M HAZARIKA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.
Page No.# 3/5
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
05.03.2025
1. Heard Mr. N.M. Hazarika, the learned counsel for the applicant.
Also heard Mr. K.K. Das, the learned Additional Public Prosecutor
appearing for the State of Assam as well as Mr. J.C. Borah, the learned
counsel for the respondent No. 2.
2. This application under Section 389 of the Code of Criminal
Procedure, 1973 has been filed by the applicant, praying for suspension of
the sentence imposed on the applicant, by the judgment and order dated
19.05.2023, passed in the POCSO Case No. 26/2022 (corresponding to
G.R. Case No. 164/2022) by the Court of the learned Sessions Judge,
POCSO, Karbi-Anglong, Diphu.
3. The applicant has impugned the aforesaid judgment by
preferring the connected Criminal Appeal, which is registered as Criminal
Appeal No. 296/2023.
4. The learned counsel for the applicant has submitted that in the
connected Criminal Appeal, there is a good chance for the applicant of
getting a favourable order. He submits that the prosecution side has failed
to prove the culpable mental state of the applicant in committing the
alleged offence, as from the testimony of the victim girl, it is clear that the
victim girl accompanied the applicant on her own and there was a love
affair between them.
Page No.# 4/5
5. The learned counsel for the applicant has further submitted that
the prosecution side has also not being able to prove the minority of the
victim girl beyond reasonable doubt, as the birth certificate on the basis of
which the victim was held to be a minor was not proved in accordance
with law.
6. The learned counsel for the applicant has submitted that the
applicant has assailed his grounds in the memo of appeal and he is
hopeful of getting a favourable order.
7. It is also submitted by the learned counsel for the applicant that
the applicant has been detained behind the bars since 07.09.2022, and he
is presently of 23 years of age.
8. On the other hand, Mr. J.C. Borah, the learned counsel for the
victim girl has also submitted that the victim does not have any objection,
if the execution of the sentence imposed on the applicant is suspended
and he is allowed to go on bail.
9. However, the learned Additional Public Prosecutor has opposed
the prayer for suspension of the sentence on the ground that the question
of consent in case of a minor victim is immaterial, as the victim was of 17
years of age.
10. I have considered the submissions made by the learned counsel
for both the sides and have gone through the materials on record,
including the case record of POCSO Case No. 26/2022, which was called
for in connection with this case.
Page No.# 5/5
11. Considering the plea taken by the applicant in his memo of appeal
as well as in this Interlocutory Application, as well as, considering the fact
that the victim is not opposed to suspension of sentence at this stage, this
Court is of the considered opinion that the ends of justice would be
served, if the sentence imposed on the applicant is suspended during the
pendency of the connected Criminal Appeal No. 296/2023.
12. This Court, accordingly does so and the sentence imposed on the
applicant, by the impugned judgment is hereby suspended during the
pendency of the connected Criminal Appeal No. 296/2023.
13. The applicant is also allowed to go on bail of Rs. 30,000/- with a
suitable surety of the like amount, subject to the satisfaction of the
learned Special Judge, POCSO during the pendency of the connected
Criminal Appeal with a condition that in the event of the dismissal of the
Criminal Appeal No. 296/2023, the applicant shall surrender before the
Court of the learned Special Judge, POCSO, Karbi-Anglong, Diphu to serve
out his remaining sentence, as per the impugned judgment.
14. This interlocutory application is accordingly disposed of.
JUDGE
Comparing Assistant
