Page No.# 1/2 vs The State Of Assam And Anr
2021 Latest Caselaw 1178 Gua

                                                                                       Page No.# 1/2

GAHC010253632019




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

                                  Case No. : Crl.A./72/2021

             MONJILA KHATUN
             D/O- SORBESH ALI,
             R/O- VILLAGE NAYER ALGA PART-III(BAGMARA),
              P.O.- NAYER ALGA, P.S.- BILASIPARA, DISTRICT- DHUBRI, ASSAM. PIN-
             783348.

             VERSUS

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

             2:ROFIQUL ISLAM
              S/O- HASHMOT ALI

             R/O- VILLAGE- NAYER ALGA PART-III(BAGMARA)
             P.O.- NAYER ALGA
             P.S.- BILASIPARA
             DISTRICT- DHUBRI
             ASSAM. PIN- 783348

Advocate for the Petitioner   : MR. M A SHEIKH

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA

24-03-2021

This is an appeal under Section 372 of the Code of Criminal Procedure, 1973, against the judgment and order dated 5.7.2019 passed in Special (POCSO) Case No.11 of 2018 by the Page No.# 2/2

learned Additional District and Session Judge, Bilasipara, acquitting the accused respondent of the charge under Section 6 of the POCSO Act, 2012, read with Section 376 of the Indian Penal Code.

Heard Mr. M.A. Sheikh, 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 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 after receipt of the LCR and upon service of notice on Respondent No.2, in the third week of May, 2021.

JUDGE

Comparing Assistant