Biswajit Hajarika vs The State Of Assam And Anr
2021 Latest Caselaw 1925 Gua

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GAHC010087572021




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

                                   Case No. : Crl.A./133/2021

            BISWAJIT HAJARIKA
            S/O- LATE BINANDA HAZARIKA, R/O- HABIGAON, P.S. DERGAON, DIST.
            GOLAGHAT, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE P.P., ASSAM

            2:GAKUL HAZARIKA
             S/O- LATE LAKHI HAZARIKA
             R/O- HABIGAON
             P.S. DERGAON
             MISAPARA
             DIST. GOLAGHAT
            ASSAM
             PIN- 785703

Advocate for the Petitioner   : MR J PAYENG

Advocate for the Respondent : PP, ASSAM


             Linked Case : I.A.(Crl.)/318/2021

            BISWAJIT HAJARIKA
            S/O- LATE BINANDA HAZARIKA
            R/O- HABIGAON
            P.S. DERGAON
            DIST. GOLAGHAT
            ASSAM.


             VERSUS
                                                                                   Page No.# 2/3

              THE STATE OF ASSAM AND ANR
              REP. BY THE P.P.
              ASSAM

              2:GAKUL HAZARIKA
              S/O- LATE LAKHI HAZARIKA
               R/O- HABIGAON
               P.S. DERGAON
               MISAPARA
               DIST. GOLAGHAT
              ASSAM
               PIN- 785703.
               ------------
              Advocate for : MR J PAYENG
              Advocate for : PP
              ASSAM appearing for THE STATE OF ASSAM AND ANR


                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                           ORDER

20-08-2021

Mr. J. Payeng, learned counsel represents the appellant-applicant. Mr. M.P. Goswami, learned Additional Public Prosecutor appears for respondent No. 1.

This appeal, under Section 374(2) of the Cr.P.C., is preferred challenging the judgment and order, dated 20-03-2021, passed by the learned Special Judge Golaghat, in Special (POCSO) Case No. 24/2018, convicting the appellant and sentencing him to suffer imprisonment for four years and to pay fine of Rs.2,000/- with default clause for offence under Section 8 of the POCSO Act.

The appeal is admitted for hearing.

Call for the LCR.

Issue notice.

No formal notice need be issued on the State respondent since Ms. Jahan, learned Additional Public Prosecutor, has already entered appearance and accepted notice on behalf of the State respondent.

The appellant shall take steps for service of notice on private respondent No. 2 by registered Page No.# 3/3

post with A/D Card or under any other prescribed mode, within five days from today. List this appeal together with the connected I.A. (Crl.) No. 318/2021 on 13-09-2021 after receipt of the LCR and service of notice.

JUDGE

Comparing Assistant