Allowed

Mahim @ Mohim Duarah @ Moloka v. the State of Assam

Gauhati HC12 Sept 2022I.A.(Crl.)/259/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application for suspension of sentence and release on bail pending the disposal of a connected appeal, citing substantial discrepancies and contradictions in the prosecution evidence regarding a POCSO case.

What did the court decide?

Sentence suspended and applicant directed to be released on bail of Rs.50,000 with one surety of like amount till disposal of the connected appeal.

Mahim @ Mohim Duarah @ Moloka Vs the State of… — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010110112022

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

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Case No. : I.A.(Crl.)/259/2022

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MAHIM @ MOHIM DUARAH @ MOLOKA S/O LATE DHANI DUARAH, R/O PULIBAR GAON, P.O.-MORABAZAR, P.S.AMGURI, DIST- SIVASAGAR, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY P.P. , ASSAM.

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2:SMTI JINU GOGOI W/O SHRI AJIT GOGOI R/O PULIBAR GAON P.O.-MORABAZAR P.S.- AMGURI DIST- SIVASAGAR ASSA

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Advocate for the Petitioner : MR. DITUL DAS

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Advocate for the Respondent : PP, ASSAM

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Linked Case : Crl.A./207/2021

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MAHIM @ MOHIM DUARAH @ MOLOKA S/O LATE DHANI DUARAH R/O PULIBAR GAON P.O.-MORABAZAR P.S.- AMGURI DIST- SIVASAGAR ASSAM VERSUS

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THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM

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Page No.# 2/3

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2:SMTI JINU GOGOI W/O SHRI AJIT GOGOI R/O PULIBAR GAON P.O.-MORABAZAR P.S.- AMGURI DIST- SIVASAGAR ASSAM -----------Advocate for : MR. C BORUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 12.09.2022

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Heard Mr. C. Baruah, learned counsel, assisted by Mr. D. Das, learned Advocate appearing for the applicant/appellant as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent No. 1.

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By this interlocutory application under Section 389(2) Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 22.09.2021, passed in Special (POCSO) Case No. 30/2018 by the learned Special Judge (POCSO), Sivasagar, has prayed for suspension of sentence and to allow him to go on bail.

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The prosecution case as unfolded in trial is that on 22.07.2018 at about 11.30 AM, while the appellant/applicant was fishing in Singi River, on the pretext of giving crabs, he called the daughter of the informant, who was watching him catching fish and, thereafter, committed physical misdeed with her and also threatened her not to disclose the incident to her parents.

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The prosecution has filed written objection. Perused the same.

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Page No.# 3/3

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On scrutiny of the case record, it is prima facie noticed that there are certain vital discrepancies and contradictions in the evidence of the prosecution witnesses, more particularly, between the evidence of the victim girl (PW2) and PW5 as well as PW7, the doctor. Also considered the grounds of appeal in the connected Crl. Appeal No. 207/2021. This Court, therefore, finds that there are substantial grounds for adjudication of the connected appeal.

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For the above stated reasons, it is provided that the sentence passed against the appellant/applicant by the learned Special Judge (POCSO), Sivasagar in Special (POCSO) Case No. 30/2018 vide order, dated 22.09.2021 is hereby suspended and the applicant is directed to be released on bail of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Sivasagar till disposal of the connected appeal.

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With the above directions, the Interlocutory Application stands disposed of.

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JUDGE

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Comparing Assistant

Mahim @ Mohim Duarah @ Moloka v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mahim @ Mohim Duarah @ Moloka v. the State of Assam

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

Coram

Case details

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