Kushal Boro vs The State Of Assam And Anr
2021 Latest Caselaw 324 Gua

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GAHC010000072021




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

                                  Case No. : Crl.A./14/2021

            KUSHAL BORO
            S/O- LATE LUTU BORO, R/O- VILL.- AGCHIA, P.S. BOKO, DIST.-
            KAMRUP(R), ASSAM, PIN- 781123.



            VERSUS

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

            2:SMTI. KALPANA RABHA
            W/O- SRI KALICHARAN RABHA
             R/O- VILL.- AGCHIA
             P.S. BOKO
             DIST.- KAMRUP(R)
            ASSAM
             PIN- 781123

Advocate for the Petitioner   : MR. P UPADHYAY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 01.02.2021

Heard Mr. A. Upadhyay, learned counsel for the appellant. Also heard Mr. H. Sarma, learned Additional Public Prosecutor, Assam appearing for the State/respondent No. 1.

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This appeal under Section 374(2) Cr.P.C. is preferred against the impugned Judgment and Order, dated 05.12.2020 passed in Special Sessions (POCSO) Case No. 02/2018 by the learned Special Judge, Kamrup, Amingaon convicting and sentencing the accused/appellant to undergo R.I. for 3(three) years and to pay fine of Rs.10,000/- in default S.I. for 6 (six) months under Section 8 of the POCSO Act, 2012.

The appeal is admitted.

As Mr. H. Sarma, learned Additional Public Prosecutor has accepted notice on behalf of the state/respondent No. 1, a copy of the memo of appeal along with the documents annexed thereto be furnished to him during the course of the day.

Issue notice to the respondent No. 2 to be served through the Officer-in-Charge of Boko P.S., Dist.-Kamrup(R). Steps be taken within 3 (three) days.

List on 01.03.2021.

JUDGE

Comparing Assistant