Dipon Das @ Arun Das v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010023302023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooI.A.(Crl.)/94/2023 DIPONoDASo@oARUNoDAS S/OoNIPENoDAS oR/OoSIMONAoBASTI oUNDERoSAMAGURIoPOLICEoSTATION oDIST.-oNAGAON oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDoANR. REP.oBYoTHEoP.P. oASSAM. 2:SAMBHUoDAS S/OoLATEoSUDHIRoDASo R/OoSIMONABASTI oUNDERoSAMAGURIoPOLICEoSTATION oDIST.-oNAGAON oASSAM. o------------ oAdvocateoforo:oMR.oAoTALUKDAR Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR.ooooooooooooooooooooooooooooooooooooooooo kkkkkkkkBEFORE HON'BLEkMR.kJUSTICEkMANASHkRANJANkPATHAK kOkkkRkkkDkkkEkkkR

21.08.2024 ooooooooooHeard;M.;Biswas,;learned;counsel;for;the;applicant/appellant;and;Mr.;B. Sharma, ; learned ; Additional ; Public ; Prosecutor, ; Assam ; appearing ; for ; the Page No.# 2/3 respondent/opposite party No.1. Also heard Mr. B.C. Das, learned counsel appearing for the opposite party/respondent No.2.

¶2By the judgment and order dated 23.12.2022, the learned Additional Sessions Judge-cum-Special Judge (POCSO), Nagaon in Special (POCSO) Case No.66(N)/2016, convicted the applicant/appellant under Section 9(m), punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo Rigorous Imprisonment for 07(seven) years with fine of Rs.50,000/- (rupees fifty thousand), in default of payment of fine, to undergo Simple Imprisonment for further 06(six) months, setting off the period of detention already undergone by him against the terms of imprisonment under Section 428 of Cr.P.C.

¶3From the impugned judgment itself, it is seen that the applicant/appellant during investigation of the case was taken into custody on 09.06.2016 and later released on bail on 12.08.2016, after a period of 02(two) months and 03(three) days. Thereafter, on passing of the impugned judgment on 23.12.2022, the applicant/appellant was taken into custody and thereafter he is serving the sentence.

¶4Aggrieved with the said judgment of conviction and sentence dated

23.12.2022, the applicant/appellant preferred the connected statutory appeal being Criminal Appeal No.40/2023, which was already admitted on 13.02.2023.

¶5By this application, the applicant/appellant has prayed for suspension of the sentence imposed upon him by the impugned judgment dated 23.12.2022 passed in Special (POCSO) Case No.66(N)/2016 by the learned Additional Sessions Judge-cum-Special Judge (POCSO) and also prayed for allowing him to go on bail.

¶6On perusal of the records of the case, we found that the statement of the victim made under Section 164 Cr.P.C as well as before the learned Trial Court Page No.# 3/3 remained intact without any contradiction.

¶7Considering the above, the application of the convicted accused/applicant/appellant is rejected at this stage.

¶8Accordingly, the interlocutory application stands dismissed.

JUDGE Comparing Assistant