Tarun Gogoi vs The State Of Assam And Anr
2022 Latest Caselaw 2831 Gua

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GAHC010152572022




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

                                   Case No. : Crl.A./172/2022

            TARUN GOGOI
            S/O- LATE RATNESWAR GOGOI, VILL.- SANTAK BOGDOI GAON, P.O.
            SANTAK, P.S. BIHUBOR, DIST. SIVASAGAR, PIN- 785687, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:PRADIP SAIKIA
             S/O- LATE PURNA SAIKIA
            VILL.- MILANPUR
             GARGAON
            WARD NO. 9
             P.O. GARGAON
             P.S. SIMALUGURI
             DIST. SIVASAGAR
            ASSAM
             PIN- 785685

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/413/2022

            TARUN GOGOI
            S/O- LATE RATNESWAR GOGOI
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            VILL.- SANTAK BOGDOI GAON
            P.O. SANTAK
            P.S. BIHUBOR
            DIST. SIVASAGAR
            PIN- 785687
            ASSAM


            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSAM

            2:PRADIP SAIKIA
            S/O- LATE PURNA SAIKIA
            VILL.- MILANPUR
             GARGAON
            WARD NO. 9
             P.O. GARGAON
             P.S. SIMALUGURI
             DIST. SIVASAGAR
            ASSAM
             PIN- 785685.
             ------------
            Advocate for : MR H R A CHOUDHURY
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

08.08.2022

Heard Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the appellant. Also heard Mr. R.J. Baruah, learned Addl. P.P., Assam appearing for the State/respondent No.1.

This appeal u/s 374(2) Cr.P.C. has been preferred against the impugned judgment and order, dated 19.07.2022, passed by the learned Addl. Sessions Judge- cum-Special Judge (POCSO), Sivasagar in Special (POCSO) Case No.34/2018 Page No.# 3/3

convicting the accused/appellant u/s 10 of the POCSO Act and sentencing him to undergo R.I. for a period of 5 years and to pay fine of Rs.2,000/-, in default, to undergo R.I. for another period of 1 month.

This appeal is admitted.

Call for the records.

As Mr. R.J. Baruah, learned Addl. P.P., accepts notice on behalf of the State/respondent No.1, no fresh notice needs to be issued to the said respondent. However, a copy of the memo of appeal along with the documents annexed thereto, be furnished to the learned Addl. P.P. (Mr. R.J. Baruah), during the course of the day.

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

List on 31.08.2022.

JUDGE

Comparing Assistant