Appellant sought suspension of sentence and bail under Cr.P.C. 389(1) in POCSO case. Court granted bail on ₹20,000 with two sureties, suspending sentence execution until appeal disposal.
Execution of sentence suspended; accused released on bail before Sessions Judge Dibrugarh on ₹20,000 with two further sureties of like amount.
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GAHC010176202019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.) 691/2019
1:MOINA GOHAIN @ DIBYAJYOTI S/O- SHRI PULEN GOHAIN, R/O- VILL.- JOPARA KONWAR GAON, P.O. PHUKANARKHAT, PIN- 786101, P.S. RAHMARIA, DIST.- DIBRUGARH, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ANR REP. BY P.P., ASSAM.
2:SHRI MAYA ORANG S/O- LATE BUDHUA ORANG R/O- KOSUONI GAON P.O. PHUKANARKHAT PIN- 786101 P.S. RAHMARIA DIST.- DIBRUGARH ASSAM
Advocate for the Petitioner : MR. P J SAIKIA
Advocate for the Respondent : PP, ASSAM
Linked Case :Crl.A. 318/2019
1:MOINA GOHAIN @ DIBYAJYOTI S/O- SHRI PULEN GOHAIN R/O- VILL.- JOPARA KONWAR GAON P.O. PHUKANARKHAT PIN- 786101
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P.S. RAHMARIA DIST.- DIBRUGARH ASSAM. VERSUS 1:THE STATE OF ASSAM AND ANR REP. BY P.P. ASSAM. 2:SHRI MAYA ORANG S/O- LATE BUDHUA ORANG R/O- KOSUONI GAON P.O. PHUKANARKHAT PIN- 786101 P.S. RAHMARIA DIST.- DIBRUGARH ASSAM. Advocate for the Petitioner : MR. P J SAIKIA Advocate for the Respondent : PP ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 09-12-2019
Heard Mr. P.J. Saikia, learned counsel for the applicant/appellant and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State/respondent No. 1.
By this application under Section 389 (1) Cr.P.C., the applicant/appellant has prayed for suspension of the sentence passed by the learned Sessions Judge, Dibrugarh in POCSO Case No. 6/2017 convicting him under Section 4 of the POCSO Act and sentencing him to undergo rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.1,000/- (Rupees One Thousand) only, in default to undergo rigorous imprisonment for 1 (one) month and further, to allow him to go on bail on any terms and conditions.
Mr. P.J. Saikia, learned counsel for the applicant/appellant, contends that the applicant is a young youth, aged about 25 years and he is the sole bread earner in the family. According to Mr.
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Saikia, the applicant has an extremely good case on merit and is every likelihood of succeeding in the appeal.
Mr. B.B. Gogoi, learned Additional Public Prosecutor submits that the nature of the offence, proved to have committed by the applicant/appellant is undoubtedly a serious one. However, Mr. Gogoi further submits that the age of the petitioner is stated to be 25 years and is a student and further, the quantum of punishment being less than ten years the grounds cited in the memo of appeal need consideration on prima facie merit.
I have considered the respective submissions made by the learned counsel of both sides and perused records.
On scrutiny of the allegations made in the FIR vide Ext. 2, dated 07.12.2016, the statement of the victim girl, recorded under Section 164 Cr.P.C. vide Ext. 1, dated 08.12.2016 coupled with the victim’s evidence (P.W. 1), the medical evidence of P.W. -10, as well as the evidence of P.W. 4 (a distant relative of P.W.-1), P.W. 5, a minor, who were stated to be present at the relevant time of the alleged incident near the place of occurrence, this Court is of the opinion that in the backdrop of nature of facts and circumstances, pending the connected appeal, the execution of sentence and release of the applicant/appellant on bail may be granted.
Accordingly, the execution of the sentence passed in the above-mentioned impugned judgment and order against the applicant/appellant is suspended till disposal of the connected appeal and it is directed that the applicant/appellant be released on bail of Rs. 20,000/- (Rupees Twenty Thousand) only with two sureties of like amount to the satisfaction of the learned Sessions Judge, Dibrugarh.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the execution of the sentence under Section 4 of the POCSO Act should be suspended pending the disposal of the connected appeal.
1 provisions across 1 enactments
Moina Gohain
The State of Assam
Shri Maya Orang
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
