Md. Basir Uddin @ Basir Uddin vs The State Of Assam And Anr
2021 Latest Caselaw 2369 Gua

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GAHC010136742021




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

                               Case No. : Crl.A./157/2021

           MD. BASIR UDDIN @ BASIR UDDIN
           S/O- ABDUL JABBAR, VILL.- AMRAGURI, P.S. LAHARIGHAT, DIST.-
           MORIGAON, ASSAM

           VERSUS

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

           2:MARINA ASPIN
            D/O- LATE ASRAF ALI
           VILL.- AMRAGURI
            P.S. LAHARIGHAT
            DIST.- MORIGAON, ASSAM

Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : PP, ASSAM

                                 BEFORE
                HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                       ORDER

29-09-2021

Mr. J. Ahmed, learned counsel represents the appellant. 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 05-05-2021, passed by the learned Sessions Judge-cum-Special Page No.# 2/2

Judge, Morigaon, in POCSO Case No. 04/2019, convicting the appellant and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.10,000/- with default clause for the offence punishable under Section 354 of the IPC and to undergo rigorous imprisonment for one month for the offence punishable under Section 448 of the IPC 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.

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 03-11-2021 after the service of notice is complete and on receipt of the LCR.

JUDGE

Comparing Assistant