Mahim @ Mohim Duarah @ Moloka vs The State Of Assam And Anr
2021 Latest Caselaw 3464 Gua

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GAHC010200652021




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

                                 Case No. : Crl.A./207/2021

            MAHIM @ MOHIM DUARAH @ MOLOKA
            S/O LATE DHANI DUARAH, R/O PULIBAR GAON, P.O.-MORABAZAR, P.S.-
            AMGURI, DIST- SIVASAGAR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:SMTI JINU GOGOI
            W/O SHRI AJIT GOGOI
             R/O PULIBAR GAON
             P.O.-MORABAZAR
             P.S.- AMGURI
             DIST- SIVASAGAR
            ASSA

Advocate for the Petitioner   : MR. C BORUAH

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 14.12.2021

Heard Mr. D. Das, learned counsel for the appellant and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondents.

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It is an appeal under Section 374[2], Code of Criminal Procedure, 1973 against a judgment and order dated 22.09.2021 passed by the Court of learned Special Judge, Sivasagar at Sivasagar in Special [POCSO] Case no. 30/2018.

By the said judgment and order, the appellant has been found guilty of the commission of offences under Sections 376AB/511, Indian Penal Code [IPC] and under Sections 6/18 of the Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo rigorous imprisonment for 10 [ten] years and a fine of Rs. 5,000/-, in default to payment of fine, to undergo simple imprisonment for further 3 [three] months against the offences 376AB/511, IPC.

The appeal is admitted for hearing.

Let the LCR be called for.

Issue notice, returnable in 4 [four] weeks.

As Mr. Gogoi has accepted notice on behalf of respondent no. 1, State of Assam, no formal notice need to be issued to the said respondent.

The appellant shall take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by ordinary post within 5 [five] days.

List the appeal after 4 [four] weeks.

JUDGE Comparing Assistant