Rejek Ali vs The State Of Assam And Anr
2021 Latest Caselaw 2331 Gua

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GAHC010144592021




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

                                  Case No. : Crl.A./155/2021

            REJEK ALI
            S/O- MD. KASUM ALI, R/O- VILL.- KAMAR CHUBURI, P.O. AND P.S.
            THELAMARA, DIST.- SONITPUR, ASSAM



            VERSUS

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

            2:MSTT. DILUWARA KHATUN
            W/O- MD. JAINAL ABEDIN @ JAINUL HOQUE
             R/O- VILL.- KAMAR CHUBURI
             P.O. AND P.S. THELAMARA
             DIST. SONITPUR
            ASSAM
             PIN- 784149

Advocate for the Petitioner   : MR S C DAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

27.09.2021 Heard Mr. S.C. Das, learned counsel for the appellant as well as Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State/ Page No.# 2/2

respondent No. 1.

This appeal under Section 374 Cr.P.C. has been preferred against the impugned Judgment and Order of conviction, dated 23.08.2021, passed in Session Case No. 48/2018 (arising out of G.R. Case No. 3675/2016) by the learned Sessions Judge, Sonitpur, Tezpur, sentencing the accused/appellant to undergo S.I. for 6 months u/s 448/323 of the IPC and to undergo R.I. for 3 years and to pay fine of Rs. 500/- for commission of offence u/s 511 read with Section 376 of the IPC, in default, to undergo S.I. for 3 months.

The appeal is admitted.

As Mr. B.B. Gogoi, learned Additional Public Prosecutor has entered appearance on behalf of the State/respondent No. 1, no fresh notice needs to be issued. However, a copy of the memo of appeal along with the documents annexed thereto be furnished to him during the course of the day.

Issue notice to the respondent No. 2 by registered A/D post. Steps be taken within 5 (five) days.

Call for the records.

List after 4 (four) weeks.

JUDGE

Comparing Assistant