Gauhati High Court
Banjit Das vs The State Of Assam And Anr on 31 July, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010147892024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/687/2024
BANJIT DAS
S/O DILIP DAS
VILL.- ABADI
P.S.- MANIKPUR
DIST.- BONGAIGAON
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
2:AJAY MUKHERJEE
S/O LATE AMULLA MUKHERJEE
VILL.- KHANABARI PUNE NAYANI
P.S.- GAURIPUR
DIST.- DHUBRI
ASSAM
PIN- 783349.
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Advocate for : MR. A CHAUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 31.07.2024 [Manish Choudhury, J] Heard Mr. N. Mahajan, learned counsel for the applicant-appellant and Mr. K.K. Das, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.
2. The present application under Section 430[1], Bharatiya Nagarik Suraksha Sanhita, 2023, is preferred seeking suspension of the execution of the sentence passed against the applicant-appellant and for his release on bail. The applicant as the appellant, has preferred the connected appeal, Criminal Appeal no. 229/2024 against a Judgment and Order dated 18.06.2024 passed by the Court of learned Special Judge [POCSO], Kokrajhar in Special Case no. 21/2020. By the Judgment and Order dated 18.06.2024, the learned Special Judge has convicted the accused-appellant for the offences under Section 6, Protection of Children from Sexual Offences [POCSO] Act, 2012 and under Section 363, Indian Penal Code [IPC]. For the offence under Section 6, POCSO Act, 2012, the applicant-appellant has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for another 2 [two] months. For the offence under Section 363, IPC, the applicant-appellant has been sentenced to undergo simple imprisonment for 3 [three] years and to pay of fine of Rs. 2,000/-, with default stipulation. The sentences are ordered to run concurrently.
5. Issue notice, returnable in 4 [four] weeks.
6. As Mr. Das, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, State of Assam, issuance of formal notice to the opposite party no. 1, stands dispensed with. However, an extra copy of the application along with annexures, is to be furnished to Ms. Bhuyan within 3 [three] working days from today.
7. As the offence involved is under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012, steps for service of notice upon the opposite party no. 2/informant/victim/guardian Page No.# 3/3 of the victim are required to be taken in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024 and the Order dated 23.06.2023 passed in Crl.A.[J] no. 40/2022 [Dipak Nayak vs. The State of Assam]. It is observed accordingly.
8. The learned counsel for the applicant-appellant shall furnish a copy of the notice for service upon the opposite party no. 2 to the office of the Public Prosecutor within a period of 3 [three] working days from today.
9. The learned Additional Public Prosecutor is to obtain a report as regards service of notice upon the opposite party no. 2 from the Officer In-Charge, Ga uripur Police Station on or before the returnable date.
10. List the case after 4 [four] weeks.
JUDGE JUDGE Comparing Assistant