Bhaben Das vs The State Of Assam And Anr
2021 Latest Caselaw 1176 Gua

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GAHC010055902021




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

                                  Case No. : Crl.A./85/2021

             BHABEN DAS
             S/O- SRI DHARANI DAS, R/O- VILL.- MADHUKUCHI, P.O. MADHUKUCHI,
             P.S. RANGIA, DIST.- KAMRUP, ASSAM, PIN- 781354.

             VERSUS

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

             2:TAPAN DAS
              S/O- LATE KAPIL DAS
              R/O- VILL.- MADHUKUCHI
              P.O. MADHUKUCHI
              P.S. RANGIA
              DIST.- KAMRUP
             ASSAM
              PIN- 781354

Advocate for the Petitioner    : MR. A PAUL

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 24-03-2021

This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973, seeking suspension of the judgment and order dated 22.01.2021 passed in Special (P) Case No.6/2019 by the learned Special Judge, Kamrup, Rangia, convicting and sentencing the appellant to undergo rigorous imprisonment for 5(five) years and to pay a fine of Rs.5,000/-, with a default clause, for offence under Section 10 of the POCSO Act, 2012.

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Heard Mr. A. Paul, learned counsel for the appellant.

Mr. H. Sarma, learned Additional Public Prosecutor, Assam appears and accepts notice on behalf of Respondent No.1.

Hence, no formal notice need be issued upon the said Respondent No.1.

Issue notice upon Respondent No.2 under registered post with A/D as well as through the Officer-in-Charge of the jurisdictional police station.

Steps be taken within five days.

On hearing the learned counsel for both the sides, and on perusal of the impugned judgment, the appeal is admitted.

Call for the LCR.

List this matter on 5.5.2021, after receipt of the LCR and upon service of notice on Respondent No.2.

JUDGE

Comparing Assistant