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2022 Supreme(Gau) 161

SUMAN SHYAM, ROBIN PHUKAN
Dhiren Tanti – Appellant
Versus
State Of Assam Rep. By PP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A Ahmed, Amicus Curiae
For the Respondent: Mrs. R D Bhuyan, Legal Aid Counsel

JUDGMENT :

Suman Shyam, J.

Heard Mr. A. Ahmed, learned Amicus Curiae appearing for the appellant. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State. None has appeared for the informant.

2. This appeal is directed against the judgment and order dated 11.02.2020 passed by the learned Sessions Judge, Sonitpur, Tezpur in connection with Special POCSO Case No.67/2017 convicting the sole appellant under Section 302/201 of the Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for further six months, for the offence under Section 302 of the IPC. The appellant was also sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.5000/-with default stipulation for committing the offence under section 201 of the IPC. Both the sentences were to run concurrently.

3. This is yet another unfortunate case where an 11 years old girl child was found dead under mysterious circumstances with her body partially buried under the soil. The prosecution case, as unfolded from the materials available on record, is to the effect th

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