Gauhati High Court
Sri Ramdhan Namasudra @ Manoranjan vs The State Of Assam And Anr on 1 August, 2023
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/3
GAHC010186502018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./295/2018
SRI RAMDHAN NAMASUDRA @ MANORANJAN
S/O LATE ROSHOMAI NAMASUDRA, R/O VILL. NO. 2 SARISHABARI, P.S.
SAMAGURI, DIST. NAGAON, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY PP, ASSAM.
2:SRI NITAI NAMASUDRA
S/O LATE NIPENDRA NAMASUDRA
R/O VILL.NO. 2 SARISHABARI
P.S. SAMAGURI
DIST. NAGAON
ASSAM
PIN 78213
Advocate for the Petitioner : MRS. A DEVI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 01.08.2023 (M. Zonthankhuma, J) Heard Ms. A. Devi, learned Legal Aid Counsel for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor.
Page No.# 2/3 The present appeal has been filed against the impugned judgment dated 24.04.2018, passed by the Special Judge, Nagaon in Special Case No. 48(N)/2016, by which the appellant has been convicted under Section 6 of the POCSO Act and Section 302 of the IPC.
The appellant has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 10,000/-, in default R.I. for 6 months under Section 302 of the IPC. The appellant has also been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 10,000/-, in default, R.I. for 6 months under Section 6 of POCSO Act. Both the sentences are to run concurrently.
The appellant has been convicted on the basis of circumstantial evidence.
During the hearing of this case, it had to come to light that there were positive test for spermatozoa in Exhibit No. Sero-3627/C and Exhibit No. Sero3627/E, Exhibit No. Sero-3627/G and also Exhibit No. Sero-3627/I. It appears that the FSL, Kahilipara-1 did not make any examination was regard to whether the spermatozoa found in the above Exhibits matched each other. Accordingly, in the last order dated 06.06.2023, this Court had directed that in the event the seized materials were not destroyed, the prosecution shall take steps for having an examination of Exhibit No. Sero-3627/C and Exhibit No. Sero-3627/E, Exhibit No.Sero-3627/G and also Exhibit No. Sero-3627/I, to ascertain whether there was a match of the spermatozoa in the above exhibits. This Court also directed that the report of the FSL, Kahilipara-1 should be obtained within a period of one (01) month from 06.06.2023.
Ms. S. Jahan, learned Additional Public Prosecutor submits that letter no. APP/SJ/2023/33 dated 21.07.2023 was written by her to the Director, FSL, Kahilipara, Assam, to comply with the order passed by this Court on 06.06.2023 Page No.# 3/3 and to submit a report at the earliest. She submits that the said letter has been returned by the Director, FSL, Kahilipara, Assam to the office of the learned Additional Public Prosecutor, without any verbal or written communication made to the learned Additional Public Prosecutor's office in relation to the letter dated 21.07.2023.
In view of the above facts, we are of the view that the Registry of this Court shall send a copy of this order to the Director, FSL, Kahilipara, Assam, to comply with the order dated 06.06.2023 and 01.08.2023, provided that the seized articles have not been destroyed. The report to be made by the Director, FSL, Kahilipara, Assam would relate to report no. DFS.143/15/12/16/Sero-3627 dated 20.01.2016 issued by R. Bora Handique, Scientific Officer, Serology Division, Directorate of Forensic Science, Assam, Kahilipara, in connection with Samaguri P.S. Case no. 472/2015 under Section 302 IPC read with Section 4 of the POCSO Act. Registry to communicate the order and inform the Director, FSL, Kahilipara, Assam to comply with the order. If the same cannot be complied with, reasons for the same should be communicated.
List the matter on 11.09.2023.
The letter no. APP/SJ/2023/33 dated 21.07.2023 issued by the learned Additional Public Prosecutor is made a part of the record.
JUDGE JUDGE Comparing Assistant