Gauhati High Court
Pradip Konwar vs The State Of Assam And Anr on 30 October, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/2
GAHC010215542024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./353/2024
PRADIP KONWAR
S/O. PRAFULLA KONWAR, R/O. VILL. PATIDAYA, P/S. MORIGAON, DIST.-
MORIGAON, ASSAM, PIN-782104.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM.
2:GEETALI BORDOLOI
W/O. HARIK JYOUTI BORDOLOI
R/O. VILL.- OUJARI
P/S. MORIGAON
PIN-782105
DIST. MORIGAON
ASSAM
Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
30.10.2024 Heard Mr. M. A. Sheikh, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent This is an application under Section 374 Cr. P.C. against the judgment and order Page No.# 2/2 dated 02.09.2024 passed by the leaned Special Judge (POCSO), Morigaon in POCSO Case No. 56/2020 whereby the petitioner was convicted under Section 354/451 IPC under Section 8 of POCOS Act.
The appeal is admitted.
As Mr. Sarma, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, a copy of the petition along with the documents annexed thereto be furnished to him during the course of the day.
Issue notice upon the respondent No.2.
The present application is arising out of the POCSO Act, accordingly, in view of the above facts and in terms of the judgment of this Court passed in Dipak Nayak vs. State of Assam [Criminal Appeal(J) 40/2022], notice be issued to the victim/guardian of the victim/informant through the O.C., of concerned Police Station.
The petitioner shall submit a copy of the petition to the Registry of this Court, who shall furnish the same to the learned Additional Public Prosecutor. The learned Additional Public Prosecutor shall thereafter forward the same to the O.C. of concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. of concerned P.S. shall thereafter give a report of service of the petition/notice to this Court.
Call for the trial court record pertaining to POCSO Case No. 56/2020.
Registry to procure the same.
List the matter accordingly after 4(four) weeks.
JUDGE Comparing Assistant