Nitul Duarah vs The State Of Assam Anr
2021 Latest Caselaw 2350 Gua

                                                                        Page No.# 1/2

GAHC010148062021




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

                                Case No. : Crl.A./153/2021

            NITUL DUARAH
            S/O- SRI BIREN DUWARA, R/O- VILL.- DA GAON, BETBARI, P.S. AND DIST.-
            SIVASAGAR, ASSAM

            VERSUS

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

            2:SMT. KABARI GOGOI
             D/O- SRI CHITRAANGAON GOGOI
             R/O- VILL.- TAMULI PUKHURIGAON
             P..S AND DIST.- SIVASAGAR
            ASSAM

Advocate for the Petitioner   : MR. B J GHOSH

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA

28-09-2021

Heard Mr. B.J. Ghosh, learned counsel for the appellant.

Also heard Mr. Bankim Sarma, learned Additional Public Prosecutor, Assam representing the State Respondent No.1.

This is a statutory appeal against the judgment and order dated Page No.# 2/2

26.04.2021, convicting and sentencing the appellant to suffer rigorous imprisonment for 7(seven) years and to pay a fine of Rs.10,000/-, with a default clause for commission of offence punishable under Section 4 of the POCSO Act and to pay compensation of Rs.3 lakhs within 30 days provided under Rule 9(3) of the POCSO Rules, 2020 and under Sub- Section (8) of Section 33 of POCSO Act, in Special (P) Case No.29 of 2018, by the learned Special Judge, Sivasagar.

Issue notice upon the respondent.

Since the State Respondent No.1 has entered appearance through Mr. Bankim Sarma, learned Additional Public Prosecutor, no formal notice need be issued upon the said respondent.

Extra copies of the appeal memo be furnished to the learned Additional Public Prosecutor.

Issue notice upon Respondent No.2 under registered post with A/D or under any other prescribed mode.

Steps within seven days.

The appeal is admitted.

Call for the LCR.

List the appeal after receipt of the LCR and service of notice upon Respondent No.2 in the second week of November, 2021.

JUDGE

Comparing Assistant