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2025 DAILYLAW 19571 (GAU)

SUMAN BORO v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/992/2024 · 2025-03-11

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010212642024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/992/2024 SUMAN BORO S/O. PRAFULLA BORA R/O. VILL. NO.1 MAKELI P/S. BOKO DIST. KAMRUP ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM. 2:MINU BORO W/O. BIKRAM BORO R/O. PUKHURIPARA P/S. BOKO DIST. KAMRUP ASSAM. ------------ Advocate for : MR F HAQUE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 12.03.2025 Heard Mr. F Haque, learned counsel for the applicant and Mr. K. Baishya, learned Additional Public Prosecutor, Assam as well as Mr. A. Sarma, learned counsel for the respondent no. 2. This is an application filed under Section 430 of the BNSS, 2023 praying for suspension of sentence and to go on bail. The applicant was convicted and sentenced by the learned Special Judge (POCSO), Kamrup, Amingaon in Special (POCSO) Case No. 47/2023. Today, both sides have jointly submitted that the victim girl was minor at the time of occurrence and she had love affairs with the applicant. According to Mr. Sarma, the victim has now become major and she is ready to marry the applicant. Mr. Haque has also submitted that the applicant is ready to marry the victim girl. I have gone through the statement of the victim girl recorded under Section 164 CrPC. Considering entire aspect of the matter, the conviction and sentence imposed upon the applicant Suman Boro by the learned Special Judge (POCSO), Kamrup, Amingaon in Special (POCSO) Case No. 47/2023 shall remain suspended till disposal of the connected appeal. Accordingly, the applicant Suman Boro is allowed to go on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Kamrup, Amingaon in connection with Special (POCSO) Case No. 47/2023. With the above, the interlocutory application is disposed of. JUDGE Comparing Assistant