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2025 Supreme(SC) 389

ABHAY S. OKA, UJJAL BHUYAN
Md. Bani Alam Mazid @ Dhan – Appellant
Versus
State Of Assam – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Abhijit Sengupta, AOR
For the Respondent(s): Mr. Shuvodeep Roy, AOR Mr. Saurabh Tripathi, Adv. Mr. Deepayan Dutta, Adv. M/S. Corporate Law Group, AOR

Judgement Key Points

The Indian Penal Code (IPC) contains several sections that are relevant to the case discussed in the provided document. Specifically, the sections mentioned include:

  • Section 201, which pertains to the offense of causing disappearance of evidence or giving false information to screen the offender. This section addresses acts related to destruction or concealment of evidence, or providing false information to obstruct the investigation of a crime (!) .

  • Section 302, which deals with murder. This section prescribes the punishment for intentionally causing the death of another person, which can be punishable by death, life imprisonment, or imprisonment for a term which may extend to life, along with fines (!) .

  • Section 34, which relates to common intention. It stipulates that when a criminal act is done by several persons in furtherance of a common intention, each of such persons is liable for that act as if it were done by him alone (!) .

  • Section 366A, which addresses procuring a minor girl for marriage or sexual intercourse. It criminalizes kidnapping or inducing a minor girl to compel her marriage or illicit intercourse (!) .

These sections collectively cover the criminal acts of kidnapping, murder, destruction of evidence, and acts committed with common intention, as discussed in the case.


JUDGMENT :

UJJAL BHUYAN, J.

This criminal appeal by special leave is directed against the judgment and order dated 11.08.2010 passed by the Gauhati High Court at Guwahati (High Court) dismissing Criminal Appeal No. 88/2007 filed by the appellant.

2. Criminal Appeal No. 88/2007 was filed by the appellant against the judgment and order dated 20.03.2007 passed by the learned Sessions Judge, Kamrup in Sessions Case No. 16(K)/2005 whereby the appellant was convicted under Sections 366(A)/302/201/34 of the Indian Penal Code, 1860 (IPC). Appellant was sentenced to suffer rigorous imprisonment (RI) for 5 years alongwith a fine of Rs. 3,000.00 with a default stipulation for the offence under Section 366(A) IPC. For the offence under Section 201 IPC, he was sentenced to undergo RI for 5 years alongwith a fine of Rs. 3,000.00, again with a default stipulation. Appellant was also sentenced to undergo RI for life and to pay a fine of Rs. 3,000.00 with a default stipulation for the offence under Section 302 IPC.

3. Prosecution case in brief is that on 26.08.2003 at about 02:00 PM, PW-1 Amzad Ali lodged a first information before the Hajo Police Station stating that on 22.08.2003 at about 03:30 PM, a

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