Sahinur Ali vs The State Of Assam And Anr
2021 Latest Caselaw 2727 Gua

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GAHC010180562021




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


                                  Case No. : Crl.A./177/2021

            SAHINUR ALI
            S/O- LATE SAH ALOM, VILL.- KANKATA, P.S. RANGJULI, DIST.-
            GOALPARA, ASSAM



            VERSUS


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


            2:MD. SURUT ZAMAN
             S/O- LATE SUKUR ALI
            VILL.- KANKATA
             P.S. RANGJULI
             DIST.- GOALPARA
            ASSAM


Advocate for the Petitioner   : MR. J AHMED


Advocate for the Respondent : PP, ASSAM
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                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                     ORDER

Date : 08-11-2021

This criminal appeal has been filed under Section 374 of the Cr.PC against the judgment and order, dated 04.10.2021, passed by the learned Special Judge, Goalpara, in Special (POCSO) Case No. 11/2019 convicting the accused/appellant to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 10,000/- with a default clause for offence under Section 8 of the POCSO Act, to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs. 5,000/- with a default clause for the offence under Section 354 of the IPC and to undergo simple imprisonment for a period of 3 months and to pay a fine of Rs. 1000/- with a default clause for the offence under Section 448 of the IPC.

The appellant is represented by Mr. J Ahmed, learned counsel. Also heard Mrs. SH Borah, learned Additional Public Prosecutor appearing for the State respondent No. 1.

No formal notice need be served upon the learned Additional Public Prosecutor as she has entered appearance. Extra copies of the appeal memo and the annexures be furnished to her during the course of the day.

Issue notice upon respondent No. 2.

Appellant to take steps for service of notice upon the respondent No. 2 by registered post with A/D or through the any other prescribed mode within 7 (seven) days.

The appeal is admitted. Call for the LCR.

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List the matter immediately after service of notice upon respondent No. 2

and receipt of the LCR in the 3rd week of December, 2021.

JUDGE

Comparing Assistant