Bhaben Tamuli vs The State Of Assam And Anr
2021 Latest Caselaw 2363 Gua

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GAHC010144352021




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

                                   Case No. : Crl.A./156/2021

            BHABEN TAMULI
            S/O- LATE MOHAN TAMULI, R/O- VILL.- NARPARA, P.S. GHOGRAPAR,
            DIST.- NALBARI, ASSAM



            VERSUS

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

            2:RUPANJAN KALITA
             S/O- LATE RATI KANTA KALITA
             R/O- VILL.- NARPARA
             P.S. GHOGRAPAR
             DIST.- NALBARI
            ASSA

Advocate for the Petitioner   : MR. K MUNIR

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/385/2021

            BHABEN TAMULI
            S/O- LATE MOHAN TAMULI
            R/O- VILL.- NARPARA
            P.S. GHOGRAPAR
            DIST.- NALBARI
            ASSAM
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              VERSUS

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

              2:RUPANJAN KALITA
              S/O- LATE RATI KANTA KALITA
               R/O- VILL.- NARPARA
               P.S. GHOGRAPAR
               DIST.- NALBARI
              ASSAM
               ------------
              Advocate for : MR. K MUNIR
              Advocate for : PP, AS appearing for THE STATE OF ASSAM AND ANR.

                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                          ORDER

29-09-2021

Mr. P.K. Munir, learned counsel represents the appellant-applicant. Ms. S.H. Bora, learned Additional Public Prosecutor represents the State respondent.

This appeal, under Section 374(2) of the Cr.P.C., is preferred challenging the judgment and order, dated 12-08-2021, passed by the learned Special Judge (POCSO), Nalbari, in Special (P) Case No. 07/2018, convicting the appellant and sentencing him to suffer rigorous imprisonment for five years and to pay fine of Rs.10,000/- with default clause for offence punishable under Section 8 of the POCSO Act. The appeal is admitted for hearing.

Call for the LCR.

Issue notice.

No formal notice need be issued on the respondent No. 1, since respondent No. 1 has already entered appearance and accepted notice through the learned Additional Public Prosecutor.

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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 on 02-11-2021 together with the connected I.A. (Crl.) No. 385/2021 after the service of notice is complete and on receipt of the LCR.

JUDGE

Comparing Assistant