Kishan Pasowan @ Kishan Paswan vs The State Of Assam And Anr
2022 Latest Caselaw 3153 Gua

                                                                            Page No.# 1/2

GAHC010158582022




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

                                 Case No. : Crl.A./189/2022

            KISHAN PASOWAN @ KISHAN PASWAN
            S/O- SRI RAM BILASH PASWAN, R/O- HARIGAON BARTAL, P.S. TEZPUR,
            DIST. SONITPUR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE P.P., ASSAM

            2:SMTI. PADMA MAHATOO
            W/O- SRI KANAYA MAHATOO
             R/O- HARIGAON BORTAL
             P.O. AND P.S. TEZPUR
             DIST. SONITPUR
            ASSA

Advocate for the Petitioner   : MR. R BARUAH

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

23.08.2022

Heard Mr. L. Gogoi, learned counsel for the appellant as well as Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State/respondent No. 1.

Page No.# 2/2

This appeal under Section 374(2) Cr.P.C. has been preferred against the impugned judgment and order, dated 06.07.2022, passed by the learned Special Judge (POCSO), Sonitpur at Tezpur in Special (POCSO) Case No. 57/2018 convicting the accused/appellant under Section 8 of the POCSO Act and sentencing him to undergo R.I. for 3 years and to pay fine of Rs.20,000/-, in default, to undergo S.I. for another 4(four) months.

This appeal is admitted.

Call for the records.

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

As Mr. R.J. Baruah, learned Addl. Public Prosecutor, 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 him during the course of the day.

List after receipt of the LCR.

In the meantime, it is provided that till the returnable date, the operation of the sentence passed against the accused/appellant vide the impugned judgment and order, dated 06.07.2022, passed by the learned Special Judge (POCSO), Sonitpur at Tezpur in Special (POCSO) Case No. 57/2018 shall remain stayed. The accused/appellant is allowed to remain on previous bail.

JUDGE

Comparing Assistant