Application for suspension of sentence and bail in POCSO case dismissed as court was not inclined to grant relief without examining evidence further.
Suspension of sentence and grant of bail dismissed.
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Page No.# 1/2
GAHC010089942022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/220/2022
LAKHINDRA SURENG @ BHAYA
S/O LATE SAMRA SURENG @ LAKHAN RESIDENT OF NO. 1 SUNDARPUR GAON, PS BOGIJAN, DIST GOLAGHAT, ASSAM, 785702
VERSUS
THE STATE OF ASSAM REPRESENTED BY P ASSAM
Advocate for the Petitioner : MS. P SAHA
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./90/2022
LAKHINDRA SURENG @ BHAYA S/O LATE SAMRA SURENG @ LAKHAN RESIDENT OF NO. 1 SUNDARPUR GAON PS BOGIJAN, DIST GOLAGHAT, ASSAM, 785702
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP ASSAM -----------Advocate for : MS. P SAHA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
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BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 05-08-2022
(N.KOTISWAR SINGH,J)
Heard Ms. P. Saha, learned Amicus Curiae for the applicant and Ms. B. Bhuyan learned Addl. P.P. for the State.
The present application is filed for suspension of the sentence and for grant of bail to the applicant arising out of the sentence passed by the learned Special Judge, POCSO, Golaghat. It has been submitted that there are inconsistencies in the evidence of the prosecutrix as well as the other prosecution witnesses. Further, the Medical evidence does not support the case of the prosecution.
We have perused the evidences and we have gone through the statement of the prosecutrix recorded u/s 164 Cr.P.C as well as her deposition made before the trial court. We have noted that the prosecutrix has been consistent in her stand on substantial parts though the medical evidence shows that there was no injury marked on private part but it has also been mentioned that hymen has been ruptured. We also noted that the medical examination was conducted after about two months of the alleged incident. Without making any further observation on the evidence on record, we are at this stage not inclined to grant suspension of sentence imposed upon the applicant. Accordingly, I. A. is dismissed.
JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether to suspend sentence and grant bail.
Whether inconsistencies in evidence or medical report warrant bail.
LAKHINDRA SURENG @ BHAYA
THE STATE OF ASSAM REPRESENTED BY PP ASSAM
N. KOTISWAR SINGH
ARUN DEV CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
