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august 2002

Supreme Court of India · 2002-08-12

TARUN BORA @ ALOK HAZARIKA vs STATE OF ASSAM

Citation / case number
SC 2002/63470
Court
Supreme Court of India
Petitioner
TARUN BORA @ ALOK HAZARIKA
Respondent
STATE OF ASSAM
Author
M.B. SHAH,BISHESHWAR PRASAD SINGH,H.K. SEMA.
Bench
M.B. SHAH,BISHESHWAR PRASAD SINGH,H.K. SEMA.

Judgment text excerpt

The Supreme Court upheld the conviction of Tarun Bora @ Alok Hazarika under Section 365 IPC and Sections 3(1) and 3(5) of the Terrorist and Disruptive Activities (Prevention) Act, affirming the concurrent sentences of 5 years for each offence. However, the Court noted that the applicability of Section 3(5) was questionable as it was inserted after the date of the alleged offence, referencing Kalpnath Rai v. State (1997) 8 SCC 732. The Court ultimately confirmed the conviction under Section 365 IPC but questioned the validity of the conviction under Section 3(5) of the Act due to the timing of its enactment.

TARUN BORA @ ALOK HAZARIKA vs STATE OF ASSAM · Niyam