Citation : 2021 Latest Caselaw 2373 Gua
Judgement Date : 29 September, 2021
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GAHC010153112021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./158/2021
ROSHID ALI
S/O- JEL HOQUE ALI @ JOHIRUL ALI, VILL.- MANASH PARA, P.S.
LAKHIPUR, DIST.- GOALPARA, ASSAM, PIN- 783129.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM
2:SIBEN BARMAN
S/O- LATE FUTU BARMAN
VILL.- FESATTARY
P.S. LAKHIPUR
DIST.- GOALPARA
ASSAM
PIN- 783129
Advocate for the Petitioner : MR Z HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
29-09-2021
Mr. Z. Hussain, learned counsel represents the appellant. Ms. S.H. Bora, learned Additional Public Prosecutor represents the State respondent.
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This appeal, under Section 374(2) of the Cr.P.C., is preferred challenging the judgment and order, dated 13-08-2021, passed by the learned Special Judge, Goalpara, in Special Case No. 16/2017, under Sections 354(A)(1)/509 IPC, read with Section 8 of the POCSO Act, 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.
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 together with the connected I.A. (Crl.) No. 390/2021 after the service of notice is complete and on receipt of the LCR.
JUDGE
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