Page No.# 1/3 GAHC010088302024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/411/2024 RAHEJ UDDIN S/O SAIJUDDIN R/O NO. 2 BHATKUCHI P.S.- BARPETA DIST.- BARPETA ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P. ASSAM. 2:SAMELA BEGUM W/O FULCHAND ALI R/O NO. 2 BHATKUCHI P.O.-BHATKUCHI P.S.- BARPETA DIST.- BARPETA ASSAM PIN- 781314. ------------ Advocate for : MR. S U AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 17.09.2026 1. Heard Mr. S.U. Ahmed, learned counsel appearing for the applicant. Also heard Mr. B. Sharma, learned APP appearing for the respondent No.1 and Mr. T. Uddin, learned counsel appearing for the respondent No.2. 2. By this application, the applicant has prayed for suspension of the sentence and for allowing him to go on bail. The applicant has been convicted under Sections 447/376 of the IPC and has been sentenced to undergo rigorous imprisonment for a period of three months with fine and default stipulation under Section 447 IPC and to undergo rigorous imprisonment for a period of ten years with fine and default stipulation under Section 376 IPC. The said judgment was passed by the learned Additional Sessions Judge, FTC, Barpeta, Assam in Sessions Case No. 121/2022 on 16.03.2024. The learned Court below directed that both the sentences shall run concurrently. 3. The learned counsel appearing for the applicant submits that the statement of the victim is not consistent before the different authorities and that there is no corroboration to the prosecution case. He further submits that the clothes worn by the victim were not seized although as per the statement of the victim the clothes worn by her were smeared with the semen of the accused. However, the said clothes were not seized by the police as is evident from the statement of the police witnesses. 4. Mr. B. Sharma, learned APP, however, submits that the statement of the prosecutrix before the learned Trial Court as well as before the learned Magistrate is consistent to the effect that it was the applicant who had raped Page No.# 3/3 her on the date of occurrence. 5. Mr. T. Uddin, learned counsel appearing for respondent No. 2, has also supported the submissions made by the learned APP. 6. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the discrepancies noticed in the instant case as well as the aspect of consent on the part of the victim, this Court deems it fit to suspend the sentence imposed upon the applicant by the learned Additional Sessions Judge, Barpeta, Assam in Sessions Case No. 121/2022 vide judgment and order dated 16.03.2024 during the pendency of the appeal. 7. The applicant shall accordingly be released on bail on furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) with one local surety of the like amount to the satisfaction of the learned Additional Sessions Judge, FTC, Barpeta. 8. I.A. is accordingly dismissed. JUDGE Comparing Assistant