SRI NITUL CHUTIA v. THE STATE OF ASSAM & Anr.

14.02.2022 ORDER Heard Mr. M.K. Das, learned counsel for the applicant/appellant as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent No. 1. By this interlocutory application under Section 389 Cr.P.C., the accused/applicant, who is convicted vide the impugned Judgment and Order, dated 05.07.2019, passed by the learned Assistant Sessions Judge, North Lakhimpur in Sessions Case No. 104(NL)/2015 and sentenced to undergo R.I. for 8 years and to pay fine of Rs. 5,000/-, in default, to undergo R.I. for another 3 months u/s 376 of the IPC, has prayed for suspension of sentence Page No.# 3/3 and to allow him to go on bail. The accused/applicant has been convicted and sentenced as above on having found proof of allegation of commission of rape on the informant’s 18 years old daughter in Dulung Forest Reserve on a day at evening hours. I have carefully considered the grounds cited in the connected Criminal Appeal No. 50/2021 along with the relevant evidence. Perused the case record. A perusal of the evidence of P.W. 1, the alleged victim girl, it appears that the accused/applicant dragged her to the jungle and by gagging her mouth committed rape making her senseless and resulted in profuse bleeding. The medical evidence of P.W. 11 does support her evidence. Therefore, without going deep into the evidence in detail, and hearing of both sides on merit of the case, neither the sentence can be suspended nor he can be released on bail pending the connected appeal. Accordingly, the interlocutory application stands rejected. Registry shall list the connected appeal for hearing, which is ready, in its due turn. The Interlocutory Application stands disposed of. JUDGE Comparing Assistant