REGENT COMPUTRONICS PVT. LTD.

STATE OF ASSAM Appellant

V/S

Jashim Uddin Barbhuiya Hailakandi Respondents

Referred Judgements :-

MD. ARIF VS. STATE OF NCT OF DELHI [REFERRED TO]
SHIVAJI SAHABRAO BOBADE VS. STATE OF MAHARASHTRA [REFERRED TO]
MOHMED INAYATULLAH VS. STATE OF MAHARASHTRA [REFERRED TO]
SHARAD BIRDHICHAND SARDA VS. STATE OF MAHARASHTRA [REFERRED TO]
KANSA BEHERA VS. STATE OF ORISSA [REFERRED TO]
APPABHAI VS. STATE OF GUJARAT [REFERRED TO]
MEHARAJ SINGH L NK KALU VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. JEET SINGH [REFERRED TO]
PRATAP SINGH VS. STATE OF M P [REFERRED TO]
P MANI VS. STATE OF TAMIL NADU [REFERRED TO]
SATYAPAL VS. STATE OF HARYANA [REFERRED TO]
MALAY KUMAR GANGULY VS. SUKUMAR MUKHERJEE [REFERRED TO]
SELVI VS. STATE OF KARNATAKA [REFERRED TO]
PARAMJEET SINGH ALIAS PAMMA VS. STATE OF UTTARAKHAND [REFERRED TO]
RAJIV PHUKAN VS. STATE OF ASSAM [REFERRED TO]
YANAB SHEIKH VS. STATE OF WEST BENGAL [REFERRED TO]
SUDARSHAN VS. STATE OF MAHARASHTRA [REFERRED TO]
V K MISHRA & ANR VS. STATE OF UTTARAKHAND [REFERRED TO]
SUNIL VS. STATE OF MADHYA PRADESH [REFERRED TO]
DHARAMPAL SATYAPAL LTD. VS. STATE OF ASSAM [REFERRED TO]
SABIR HUSSAIN BARBHUIYA VS. STATE OF ASSAM [REFERRED TO]
RAJENDRA PRALHADRAO WASNIK VS. STATE OF MAHARASHTRA [REFERRED TO]
GARGI VS. STATE OF HARYANA [REFERRED TO]
NAZIR HUSSAIN LASKAR VS. STATE OF ASSAM [REFERRED TO]
MANOJ PRATAP SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
CHOTKAU VS. STATE OF UTTAR PRADESH [REFERRED TO]

JUDGEMENT

(1.) Heard Mr. A.I. Uddin, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the state of Assam, as well as Mr. K. A. Majumdar, learned counsel for the informant. Also heard Mr. T. J. Mahanta, learned senior counsel, who has been appointed as Amicus Curiae to assist this Court in Death Sentence Reference No. 3/2018, he is assisted by Mr. T. Gogoi, Advocate.

(2.) By this common judgment, we propose to dispose of the Criminal Appeal No. 389/2018 as well as to answer the Death Reference made by the trial court under Sec. 366 of the Code of Criminal Procedure, 1973.

(3.) The Criminal Appeal No. 389/2018 has been registered on filing of an appeal under Sec. 374 of the Code of Criminal Procedure, 1973 by the appellant, Jashim Uddin Barbhuiya, impugning the judgment dtd. 1/10/2018 passed by the learned Sessions Judge, Hailakandi in Sessions (T-1)Case No. 60/2018, whereby the present appellant has been convicted under Ss. 376/302 of the Indian Penal Code as well as under Sec. 4 of the POCSO Act, 2012, and by order dtd. 4/10/2018, the appellant has been sentenced to imprisonment for life for the offence of committing rape/penetrative sexual assault and to pay a fine of Rs.10,000.00 under Sec. 376 of the Indian Penal Code, read with Sec. 4 of the POCSO Act, 2012, in default of payment of fine to undergo rigorous imprisonment for 3 months. The appellant has also been sentenced to death for committing the offence of murder under Sec. 302 of the Indian Penal Code, and was also sentenced to pay a fine of Rs.10,000.00under Sec. 302 of the Indian Penal Code, in default of payment of fine to undergo rigorous imprisonment for 3 months.

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STATE OF ASSAM Vs. JASHIM UDDIN BARBHUIYA HAILAKANDI

Referred Judgements :-

JUDGEMENT

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