Allowed

Tepuseto SOPHIE(A-1) and 2 Ors. v. the State of Nagaland

Gauhati HC13 Nov 2019I.A.(Crl.)/15/2019

Case brief

AI extract

What is this about?

The Gauhati High Court suspended the sentence of three appellants convicted under IPC Section 364 and 304 Part-II and released them on bail pending appeal, noting that the conviction relied primarily on unstated confessional statements lacking substantive corroboration.

What did the court decide?

Sentence suspended; bail granted with bond of Rs. 50,000/- each and one suitable local surety of like amount pending appeal.

Tepuseto SOPHIE(A-1) and 2 Ors. Vs the State of… — Criminal Trial and Appeal | Gauhati HC (2019)

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GAHC020005282019

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

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Case No. : I.A.(Crl.) 15/2019

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1:TEPUSETO SOPHIE(A-1) AND 2 ORS S/O LT. MEDONGOZO, R/O JAKHAMA VILLAGE, KOHIMA, N/L

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2: KEHOSOL TETSO(A-2) S/O KENEICHO

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R/O JAKHAMA VILLAGE KOHIMA N/L

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3: MENYUNGOL TASE(A-3) S/O TEPUSEO TASE

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R/O JAKHAMA VILLAGE KOHIMA N/

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VERSUS

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1:THE STATE OF NAGALAND KOHIMA, N/L

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Advocate for the Petitioner : V. THEYO

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Advocate for the Respondent : GOVT ADV NL

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Linked Case : CRAPL 11/2019

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Page No.# 2/5

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1:TEPUSETO SOPHIE(A-1) AND 2 ORS S/O LT. MEDONGOZO

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R/O JAKHAMA VILLAGE KOHIMA N/L 2: KEHOSOL TETSO(A-2) S/O KENEICHO R/O JAKHAMA VILLAGE KOHIMA N/L 3: MENYUNGOL TASE(A-3) S/O TEPUSEO TASE R/O JAKHAMA VILLAGE KOHIMA N/L VERSUS 1:THE STATE OF NAGALAND KOHIMA N/L

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Advocate for the Petitioner : V. THEYO Advocate for the Respondent : GOVT ADV NL

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BEFORE

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HON'BLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 13-11-2019

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Heard Mr. V. Theyo, learned counsel for the applicants-appel-

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lants and Mr. K. K. Wotsa, learned P.P. for the State.

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By this application under Section 389, Code of Criminal Procedure, 1973 (CrPC, in short), the 3 (three) applicants-appellants viz. (1) Tepusuto Sophie, (2) Kehosol Tetso and (3) Menyungol Tase, have prayed for suspension of the sentence and also

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Page No.# 3/5 for bail. By the judgment and order dated 05.09.2019 passed by the learned Principal District & Sessions Judge, Kohima in G.R. Case No. 191/2013, the applicants-appellants have been convicted under section 364, IPC and under section 304 (Part-II), IPC and they have been sentenced to undergo 5 years Rigorous Imprisonment and 7 years imprisonment respectively, which are to run concurrently. Pursuant to the said judgment and order dated 05.09.2019 passed by the Principle District & Sessions Judge, Kohima in G.R. Case No. 191/2013, the applicants-appellants are presently undergoing the sentence.

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Mr. V. Theyo, learned counsel for the applicants-appellants has submitted that the basis of conviction of the applicants-appellants is a confessional statement, recorded under Section 164, CrPC, of one of the applicants-appellants and the purported admission in the statements recorded under Section 313, CrPC. It is submitted by Mr. Theyo, learned counsel that a statement recorded under Section 164, CrPC cannot be considered to be substantive piece of evidence under Section 3, Evidence Act, 1872 and the same cannot be the sole basis for conviction, unless corroborated by acceptable and cogent substantive evidence. He further submits that apart from the said confessional statement, there is no substantive evidence to implicate the applicants-appellants. Referring to the statements recorded under Section 313, CrPC, annexed with the connected appeal, it is submitted by him that there appears to

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Page No.# 4/5 be no admission of guilt on the part of the applicants-appellants in

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their statements recorded under Section 313, CrPC and as such, the impugned judgment and order is not sustainable. It is further submitted by Mr. Theyo, learned counsel that during the period of investigation and trial, the applicants-appellants were in custody for almost about a year.

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Mr. K. K. Wotsa, learned P.P. has submitted that the applicants-appellants have been found guilty on the basis of acceptable evidence. So, a prayer for suspension of sentence of the applicants-accused shall not be considered at this stage.

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I have perused the materials made available with this IA and the memo of appeal as well as the impugned judgment and order dated 05.09.2019. Having considered the above submissions made on behalf of the learned counsel for the applicants-appellants, I find that the applicants-appellants have made out a prima facie case for suspension of the sentence pending consideration of the appeal and their release on bail.

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In view of the same, it is provided that execution of the sentence with regard to the applicants-appellants viz. (1) Tepusuto Sophie, (2) Kehosol Tetso and (3) Menyungol Tase, passed in G.R. Case No. 191/2013 by the Court of learned Principal District & Sessions Judge, Kohima shall remain suspended till disposal of

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the appeal and all 3 (three) of them shall be released on bail on furnishing bail bond of Rs. 50,000/- each with 1 (one) suitable local

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surety each of the like amount to the satisfaction of the learned

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Trial Court.

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The IA stands disposed of.

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Sd/- JUDGE

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Comparing Assistant

Tepuseto SOPHIE(A-1) and 2 Ors. v. the State of Nagaland

Case brief

What is this about?

What did the court decide?

Tepuseto SOPHIE(A-1) and 2 Ors. v. the State of Nagaland

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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