Page No.# 1/4 GAHC010195942023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/908/2023 HOSEN ALI S/O - LATE ABDUL SK. R/O- VILL. SAGOLCHARA PART-III, P.O.- SAGOLCHARA, P.S.- DHUBRI, DIST- DHUBRI(ASSAM), PIN- 783324. VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP, ASSAM. 2:FARHANA BEGUM(VICTIM) D/O- LATE SOPIAR RAHMAN R/O- VILL. SAGOLCHARA PART-III P.O.- SAGOLCHARA P.S.- DHUBRI DIST- DHUBRI(ASSAM) PIN- 783324 Advocate for the Petitioner : MR R ISLAM, Advocate for the Respondent : PP, ASSAM, MS. R CHOUDHURY, AMICUS CURIAE FOR R-2 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.02.2025 Page No.# 2/4 1. Heard Mr. S. Das, the learned counsel for the applicant. Also heard Mr. K. K. Das, the learned Additional Public Prosecutor for the State as well as Ms. R. Choudhury, the learned Amicus Curiae appearing for the opposite party No.2. 2. This application under Section 389 of BNSS, of the code of Criminal Procedure has been filed by applicant Mr. Hosen Ali, for suspending the execution of sentenced imposed on the applicant by the judgment order dated 14.06.2023 passed by Learned Special Judge, POCSO, Dhubri in Special Case No.01/2021.The applicant was convicted under section 448 of IPC and was sentenced to undergo 1(one) year Rigorous Imprisonment and pay a fine of Rs.1000/-(One Thousand) and in default of payment of fine, undergo further Rigorous Imprisonment for 1(One) month. He was also convicted under section 8 of the POCSO Act and was sentenced to undergo Rigorous Imprisonment of 5 years and pay a fine of Rs.50,000/- and in default of payment of fine to undergo Rigorous Imprisonment for 3(three) months. 3. Learned counsel for the applicant has submitted that the applicant has impugned aforesaid Judgment by preferring the connected appeal, which is registered as Criminal appeal No.360/2023. 4. Learned counsel for the applicant has also submitted that there is a good chance of getting judgment of acquittal in the connected Criminal Appeal as the trial Court has not consider the inherent contradiction in the testimonies of prosecution witnesses while arriving at the finding of guilt of the applicant. 5. He has also submitted that since sentence imposed on the applicant is for a short period of 5 years, out of which he has already undergone near about one year nine months and four days, his prayer may be allowed. Page No.# 3/4 6. Learned counsel for the applicant has also submitted that the Apex Court in the case of “Kiran Kumar Vs. State of M.P” reported in “2001(9 SCC 211)” has observed that when a person is convicted and sentenced for a short term in a Criminal case, the normal rule is that when his appeal is pending the sentenced should be suspended and rejection is only by way of an exception. 7. In the instant case he submits that there is no such exceptional ciscumstances for not applying normal rule applicable in the case of short sentences. 8. Learned Additional Public Prosecutor Mr. K. K. Das, as well as learned Amicus Curiae have fairly submitted that since the sentenced imposed on the applicant is for short period of 5(five) years, hence, as per the guidelines laid down by the Apex Court for such cases may be made applicable in this case also. 9. Considering the submissions made by the learned counsel for the parties, the instant Interlocutary Application is allowed. The sentenced imposed on the applicant by the impugned judgment dated 14.06.2023 passed by Learned Special Judge, POCSO, Dhubri in Special Case No.01/2021, is hereby suspended during the pendency on connected Criminal Appeal No. 360/2023. 10. The above named applicant is also allowed to go on bail of Rs.30,000/-(Thirty Thousand only) with one surety of like amount subject to the satisfaction of learned Special Judge, POCSO, Dhubri, during the pendency of the connected Criminal Appeal No. 360/2023 with following conditions I. That the applicant, in event of dismissal of the connected appeal the appellant shall surrender before the Court of Learned Special Judge, POCSO, Dhubri, to serve the remaining part of his sentence. Page No.# 4/4 II. The applicant shall not in any manner take any untoward steps against the victim girl or any witnesses who have deposed against him in the trial in which he was convicted. 11. With above observation, this interlocutory application is disposed of. JUDGE Comparing Assistant