Joynul Hoque Barbhuiya vs The State Of Assam And Anr
2021 Latest Caselaw 2228 Gua

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GAHC010082822021




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

                                 Case No. : Crl.A./143/2021

            JOYNUL HOQUE BARBHUIYA
            S/O- LATE ISHAD ALI BARBHUIYA, R/O- RAJ GOBINDAPUR, P.S. DHOLAI,
            DIST.- CACHAR, ASSAM, PIN- 788114.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE P.P., ASSAM

            2:ALIKA BEGUM BARBHUIYA
            W/O- SWAB UDDIN BARBHUIYA
             R/O- RAJGOBINDAPUR
             P.S. DHOLAI
             DIST. CACHAR
            ASSAM
             PIN- 788114

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : PP, ASSAM

                                   BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                          ORDER

15-09-2021

Mr. L.R. Mazumder, learned counsel represents the appellant-applicant. Mr. B.B. Gogoi, learned Additional Public Prosecutor appears for respondent No. 1.

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This appeal, under Section 374 of the Cr.P.C., is preferred challenging the judgment and order, dated 12-02-2021, passed by the learned Additional Sessions Judge (Special Judge), Cachar, in Special (POCSO) Case No. 57/2017, convicting the appellant and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- with default clause for offence under Section 4 of the POCSO Act and Section 376 of the IPC.

The appeal is admitted for hearing.

Call for the LCR.

Issue notice.

No formal notice need be issued on the State respondent since Mr. Gogoi, learned Additional Public Prosecutor, has already entered appearance and accepted notice on behalf of the State respondent.

The appellant shall take steps for service of notice on private respondent No. 2 by registered post with A/D Card or under any other prescribed mode, within five days from today.

List this appeal together with the connected I.A. (Crl.) No. 318/2021 on 13-09-2021 after receipt of the LCR and service of notice.

JUDGE

Comparing Assistant