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[Cites 3, Cited by 0]

Gauhati High Court

Sri Ramdhan Namasudra @ Manoranjan vs The State Of Assam And Anr on 30 January, 2020

Author: S. Hukato Swu

Bench: S. Hukato Swu

                                                                                   Page No.# 1/2

GAHC010206422018




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.) 723/2018

            1:SRI RAMDHAN NAMASUDRA @ MANORANJAN
            S/O LATE ROSHOMAI NAMASUDRA, R/O VILL. NO. 2 SARISHABARI, P.S.
            SAMAGURI, DIST. NAGAON, ASSAM.

            VERSUS

            1: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 MIR ALFAZ ALI
                      HONOURABLE MR. JUSTICE S. HUKATO SWU

                                           ORDER

Date : 30-01-2020 Heard Mrs. A Devi, learned legal aid counsel appearing for the appellant and Ms. S Jahan, learned Addl. PP, Assam.

Page No.# 2/2 The appellant/petitioner herein was convicted under section 302/376 IPC read with section 4 of the POCSO Act for rape and murder and sentenced to imprisonment for life.

The appeal filed by the appellant/petitioner has been admitted. The legal aid counsel urging for bail of the appellant/petitioner submits that the case was based on circumstantial evidence and the chain of circumstances was not complete. It is also stated that the blood and spermatozoa found in the wearing apparel of the victim was also not scientifically matched with the accused.

We have seen the evidence placed on record.

Having considered the materials on record and the submission of the learned counsel appearing for the appellant, we do not consider it to be a fit case for suspension of sentence and bail. Accordingly, the petition for bail and suspension of sentence stands rejected.

Registry shall prepare the paper book and list the matter for orders immediately.

                                                JUDGE                      JUDGE
Smita




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