Parash Jain v. The State of Assam and Anr

ORDER Date : 11.12.2024 Heard Mr. P. K. Roy Choudhury, learned counsel appearing for the applicant. Also heard Ms. N. Das, learned Additional Public Prosecutor for the state of Assam and Mr. S. Das, learned counsel appearing for the respondent No.2.

¶2This is an application u/s 389 of the Code of Criminal Procedure, 1973 praying for suspension of the sentence awarded in the judgment and order dated 21.11.2023 passed by the learned Additional Sessions Judge-cum-Special Judge, POCSO, Kamrup (M) in Sessions Spl. Case No. 27/2022.

¶3Mr. Roy Choudhury has submitted that the applicant was convicted u/s 10 of the POCSO Act and he was directed to undergo imprisonment for 5 years for the said offence and he has already spent one year in custody. The learned counsel for the applicant submits that the applicant is 61 years old. Mr. Roy has also pointed out to the medical evidence available in Page No.# 3/3 the record.

¶4Mr. S. Das submits that the examination-in-chief could not be demolished by the defence side.

¶5Mr. S. Das further submits that the victim is a 8 year old girl.

¶6I have considered the submissions made by the learned counsels of both sides in the light of the materials available in the record.

¶7This Court is of the opinion that at this stage, the prayer of the petitioner should be accepted.

¶8Therefore, the sentence awarded in the judgment and order dated 21.11.2023 passed by the learned Additional Sessions Judge-cum-Special Judge, POCSO, Kamrup (M) in Sessions Spl. Case No. 27/2022 shall remain stayed till disposal of the connected appeal.

¶9It is also directed that the applicant, Parash Jain on his appearance before the court below shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge, POCSO, Kamrup (M), Guwahati. With the aforesaid direction, the interlocutory application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010290252023 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooooooooI.A.(Crl.)/98/2024 PARASHoJAIN S/OoLT.oSHREEoCHANDoGULGULIA oR/OoTOKOBARI oP.S.-oBHARALUMUKH oDIST.-oKAMRUP(M) oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDoANR. REP.oBYoPUBLICoPROSECUTOR. 2:REKHAoSHARMA W/OoSANTOSHoSHARMA o R/OoTOKOBARI o P.S.-oBHARALUMUKH oDIST.-oKAMRUP(M) oASSAM. o------------ oAdvocateoforo:oMR.oPoKoROYCHOUDHURY Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR. ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo CaseoNo.o:oCrl.A./31/2024o PARASHoJAINo S/OoLT.oSHREEoCHANDoGULGULIA,o R/OoTOKOBARI,o Page No.# 2/3 P.S.- BHARALUMUKH, DIST.- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY PUBLIC PROSECUTOR. 2:REKHA SHARMA W/O-SANTOSH SHARMA R/O-TOKOBARI P.S.-BHARALUMUKH DISTRICT-KAMRUP(M) ASSA Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR. A DEY,MD. A KHAN Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, AMICUS CURAIE(R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA