Gauhati High Court
Laban Pegu vs The State Of Assam And Anr on 19 March, 2025
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GAHC010204192024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Crl.)/1073/2024
LABAN PEGU
S/O. LATE PADMADHAR PEGU
R/O. VILL. MECHAKI TONGANI
P/S. SILAPATHAR
DIST. DHEMAJI
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP
ASSAM
2:BALA PAIT
W/O. LATE PRAFULLA PAIT
R/O. VILL. HALDIBARI (SONGSANGIA)
P/O. RALUNG
P/S. SILAPATHAR
DIST. DHEMAJI
ASSAM.
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Advocate for : MR. S SAIKIA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
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BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --19.03.2025
Heard Mr. S. Saikia, the learned counsel for the applicant. Also heard Ms.
N.N. Das, the learned Additional Public Prosecutor for State respondent no. 1
and Mr. J.P. Chauhan, learned counsel for respondent no. 2.
2. This is an application u/s 430 of Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 for suspension of sentence passed against the present applicant
vide judgment & order dated 07.08.2024 passed by the learned Special Judge
(POCSO), Dhemaji, Assam in Special (POCSO) Case No. 02/2017, convicting the
accused/appellant to undergo Rigorous Imprisonment for 5 years and to pay
fine of Rs. 5,000/- for committing the offence punishable u/s 366A/34 IPC and
in default of payment of fine, to suffer Rigorous Imprisonment for 3 months and
to suffer Rigorous Imprisonment of 1 year and to pay fine of Rs. 1,000/- for
committing the offence publishable u/s 344/34 IPC and in default of payment of
fine, to suffer Rigorous Imprisonment for 1 (one) month.
3. It is submitted by Mr. Saikia, the learned counsel for the applicant that the
present accused/applicant is innocent and he is no way connected with the
alleged offence though he was convicted u/s 366A/344/34 IPC. He further
submitted that from the medical evidence of the doctor it is seen that there is
no sign of injury found on the victim's private parts nor there found any sign of
recent forceful sexual intercourse while examining her. All the other PWs i.e. the
PW-7, PW-8 and PW-9 corroboratory with each other deposed that the victim
girl had voluntarily eloped with one Biswajit Doley out of love and affairs and
they stayed together accordingly. More so, the informant herself stated in her
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examination that she is not aware about the contents of the FIR and rather it is
stated that the FIR was lodged only due to some misunderstanding of facts and
to that effect she also sworn in an affidavit which is also placed before this
Court through the engaged counsel Mr. J.P. Chauhan appearing for the
respondent no. 2. Mr. Saikia further submitted that it was alleged that the victim
was kidnapped by three persons i.e. the present applicant along with two others
showing a dao from a jungle near to a shop. But surprisingly, the said dao was
not seized in connection with this case, as well as, the shopkeeper was also not
examined to substantiate the said fact. Accordingly, it is submitted that there is
sufficient probability of acquittal of the present applicant and succeeding in the
connected appeal. Further he has submitted that the applicant was on bail
during the entire trial and never jumped over any condition of bail and further
he is ready and willing to provide sufficient surety if he is granted the bail by
suspending the sentence imposed on him.
4. Ms. Das, the learned Additional Public Prosecutor submitted in this regard
that from the evidence on record it is seen that the victim is consistent in every
stages of her evidence/statement and she clearly justified that she was
kidnaped by three persons showing dao and out of which the accused Biswajit
Doley committed rape on her though she did not bring the allegation of rape or
penetrative sexual assault against the present applicant. She accordingly
submitted that there are sufficient incriminating materials against the present
applicant and raised objection in allowing the accused/applicant to go on bail by
suspending the sentence imposed on him.
5. Mr. Chauhan, the learned counsel appearing for the informant submitted
that the informant has no objection if the accused-applicant is allowed to go on
bail by suspending the sentence as the case/FIR was lodged by her only due to
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some misunderstanding of facts. And to that effect she had already sworn an
affidavit stating that she has no objection if the applicant is allowed to go on
bail.
6. Considering the submissions made by learned counsel for both sides and
also considering the fact that the informant of this case has no objection in
granting bail to the present applicant vis-à-vis the other materials placed before
this Court and also considering the conduct of the accused-applicant during the
trial, I find it a fit case to allow the present applicant to release on bail and
accordingly the accused-applicant, namely, Laban Pegu is hereby allowed to go
on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the
learned Special Judge (POCSO), Dhemaji, Assam.
7. The judgment and order dated 07.08.2024 passed by the learned Special
Judge (POCSO), Dhemaji, Assam in Special (POCSO) Case No. 02/2017 as
stated above is stayed/suspended till disposal of the case.
8. With the above observations, the IA stands disposed of.
JUDGE
Comparing Assistant
