Page No.# 1/2 vs The State Of Assam And Anr
2021 Latest Caselaw 44 Gua

                                                                               Page No.# 1/2

GAHC010094462020




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

                                  Case No. : Crl.A./202/2020

            BABUL ALI @ RUSTOM
            S/O- LT. AHMED ALI AKAND,
            VILL- GERAMARI PART-6,
            P.O.- GERAMARI PART-6, P.S.- GAURIPUR, DIST- DHUBRI, ASSAM, PIN-
            783132.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP, ASSAM.

            2:SAHIDA BEWA
             D/O- LT. HANIF ALI

            VILL- NACHUNGURI KOIMARI
            P.O. AND P.S.- BONGAIGAON
            DIST- BONGAIGAON
            ASSAM . PIN- 783380

Advocate for the Petitioner   : MR. P K DAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 06.01.2021 Heard Mr. PK Das, learned counsel for the appellant and Mr. D Das, learned Additional Page No.# 2/2

Public Prosecutor, Assam for the State respondent 1.

By this appeal under Section 374 (2)of the CrPC, the appellant has prayed for setting aside of the impugned Judgment dated 30.11.2019 passed by the learned Sessions Judge, Chirang, in Sessions Case No.37 (D)/2015 (Old) Sessions Case No.102m(D)/2013 arising out of Dhaligaon PS Case No.106/2010 , whereby he has been convicted under Section 376(2)

(g) of the IPC sentencing him to undergo rigorous imprisonment for 10 years and fine of Rs.10,000/- i/d 6 months of strict imprionsment.

The criminal appeal is admitted.

Call for the records.

As Mr. D Das, learned Addl.P.P. accepts notice on behalf of the respondent No.1, no formal notice need be issued. Extra copy of the memo of appeal be furnished to him during the course of the day.

Issue notice to the respondent No.2 through the Officer-In-Charge of Dhaligaon Police Station, District-Chirang, Assam. Steps within 5 days.

List on 08.02.2021.

JUDGE

Comparing Assistant