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2022 Supreme(Gau) 205

SUMAN SHYAM, MALASRI NANDI
BIJU SAIKIA SIVASAGAR, ASSAM – Appellant
Versus
STATE OF ASSAM REP. BY PP, ASSAM – Respondent


Advocates Appeared:
For The Appellant :MR. M DUTTA(AMICUS CURIAE) Advocate
For The Respondent: PP, ASSAM

JUDGEMENT :

Suman Shyam, J.

Heard Dr. B.N. Gogoi, learned counsel for the appellant in Crl. Appeal No. 79/2020 and Mr. Mrinmoy Dutta, learned amicus curiae appearing for the appellant in Crl. Appeal (J) No. 02/2021. We have also heard Mr. D. Das, learned Addl. P.P. Assam appearing on behalf of the State in both these appeals. Mr. A. Bhattacharyya, learned counsel for the informant/ respondent No. 2 is also present.

2. Both these appeals arise out of the common judgment dated 21-12-2019 passed by the learned Special Judge, Sivasagar in Special (P) Case No. 46/2017. By the impugned judgment, the appellant in Crl. Appeal No. 79/2020, viz.Kumud Chandra Borgohain (A-1) has been convicted under Section 6 of the POCSO Act read with Section 376(2)(n) of the IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/-with default stipulation. By the impugned judgment, the appellant in Crl. Appeal (J) No. 02/2021 was also convicted under Section 17 read with Section 6 of the POCSO Act and under Section 109 read with Section 376(2)(n) of the IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/-with default stipulation.

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