Sajahan Ali vs The State Of Assam And Anr
2021 Latest Caselaw 736 Gua

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GAHC010032302021




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

                                   Case No. : Crl.A./55/2021

            SAJAHAN ALI
            S/O- AIYEB ALI, VILL.- KHARPURI CHAPORI, P.O. AND P.S. MANGALDAI,
            DIST.- DIST.- DARRANG, ASSAM, PIN- 784125.

            VERSUS

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

            2:MD. LAL MIAH
             S/O- LATE SAHABAR SHEIKH
            VILL.- KHARPURI CHAPARI
             P.O. AND P.S. MANGALDAI
             DIST.- DARRANG
            ASSAM
             PIN- 784125

Advocate for the Petitioner   : MR. S K ROY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                           ORDER

01-03-2021 Heard the learned counsel for the applicants/appellants. Also heard Mr. A. Begum, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1.

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This application under Section 374(2) Cr.P.C., is preferred against the impugned Judgment dated 25.01.2021 passed by the learned Additional Sessions Judge (FTC), Darrang, Mangaldai in Special (POCSO) Case No. 05/2018, wherein the applicants/ appellants were convicted under Section 4 of The Protection of Children from Sexual Offences (POCSO) Act, 2012 and sentenced to undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs. 10,000/- (Rupees Ten Thousand), in default of payment of fine, to suffer simple imprisonment for a period of another 4 months.

The appeal is admitted.

Call for the LCR.

Issue notice to the respondent no. 2 by Registered post with A/D Card. As Ms. A. Begum, has accepted notice on behalf of the State respondent no. 1, no formal notice is to be issued, however a copy of the memo of appeal along with the document annexed thereto be furnished to the learned Addl.Public Prosecutor within 2(two) days.

List on 06.04.2021.

JUDGE

Comparing Assistant