Riten Boro v. The State of Assam and Anr

ORDER

21.10.2024

¶1Heard learned counsel Mr. D. Das for the petitioner Riten Boro. Page No.# 2/3

¶2This application has been filed by the petitioner under Section 442(1) of the BNSS, 2023.

¶3It is submitted on behalf of the applicant that the petitioner is highly aggrieved by the concurrent Judgment and Orders of the learned Trial Court as well as the learned Appellate Court as the evidence of DW-2 and DW-3 were not taken into consideration. DW-2 and DW-3 were the eye witnesses but their evidences were not taken into consideration by both the Courts. It is submitted that the petitioner has a good chance of acquittal.

¶4Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶5The applicant is aggrieved by the Judgment and Order dated 09.07.2024 passed by the learned Sessions Judge, Kamrup, (M) in Criminal Appeal No. 60/2023, upholding the Judgment and Order dated 21.08.2023, passed by the learned J.M.F.C. in PRC Case No. 1193/2019, whereby the petitioner was convicted under Section 341 of the IPC to pay a fine of Rs. 500/- with default stipulation and he was also convicted under Section 354 of the IPC and sentenced to undergo R.I. for 3 years and to pay a fine of Rs. 5000/- with default stipulation.

¶6I have considered the submissions at the Bar.

¶7Considering all aspects, the operation of the impugned orders dated

09.07.2024 in connection with Criminal Appeal No. 60/2023 and order dated

21.08.2023 in connection with PRC Case No. 1193/2019 is suspended until further orders.

¶8The petitioner shall also be enlarged on bail of Rs. 30000/- to the Page No.# 3/3 satisfaction of the learned Trial Court.

¶9In terms of the above observation, the I. A. stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010216552024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : I.A.(Crl.)/972/2024 RITEN BORO S/O- GOLENDA BORO R/O- R.G BARUAH PATH NOONMATI P.S- NOONMATI DIST- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM ------------ Advocate for : MR. DITUL DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND