In an application seeking suspension of a life imprisonment sentence for rape under the POCSO Act, the Gauhati High Court, considering the corroborative nature of the prosecutrix's evidence and the charge severity, rejected the plea.
Application for suspending the operation of the judgment and sentence order is rejected and disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010177532022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/504/2022
DEBESH BISWAS
S/O SRI KAMAL BISWAS, R/O WARD NO. 12, BIDHANPALLI, P.S. AND DIST.DHUBRI, ASSAM, PIN- 783323. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE ADDL. P.P., ASSAM. 2:BABY BARMAN W/O SRI JAYANTA BARMAN R/O WARD NO. 12 BIDHANPALLI P.S. AND DIST.- DHUBRI ASSAM- 783323
Advocate for the Petitioner : MR. B M CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
08.02.2023
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6. The application for suspending the said sentence is accordingly rejected
and disposed of.
JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether the operation of the conviction order under sections 376-AB IPC read with Section 6 of the POCSO Act should be suspended.
Whether the sentence for life imprisonment should be suspended given the prosecutrix's statement under Section 164 Cr.P.C.
DEBESH BISWAS
THE STATE OF ASSAM
BABY BARMAN
MICHAEL ZOTHANKHUMA
MALASRI NANDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
