Irfan Ali @ Bitu Ali vs The State Of Assam And Anr
2022 Latest Caselaw 3258 Gua

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GAHC010127832022




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

                                  Case No. : Crl.A./201/2022

            IRFAN ALI @ BITU ALI
            S/O LATE ABUL ALI,
            RESIDENT OF OUGURIJAN, PO BIHUBO, PS BIHUBO,DIST SIVASAGAR,
            ASSAM 785687



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SRI SUNU RANAI GHATOWAR

             S/O BALDEV RAI GHATOWAR

            S/O LATE ABUL ALI

            RESIDENT OF VILLAGE BIHUBOR HILONI
            PO BIHUBO
            PS BIHUBO
            DIST SIVASAGAR
            ASSAM 78568

Advocate for the Petitioner   : MS. R R BORAH

Advocate for the Respondent : PP, ASSAM

                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

26.08.2022 Heard Mr. A.A.R. Karim, learned counsel for the appellant as well as Mr. B.B.

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Gogoi, learned Addl. P.P., Assam appearing for the State respondent No. 1.

This appeal under Section 374 Cr.P.C. has been preferred against the impugned judgment and order, dated 30.04.2022, passed by the learned Addl. Sessions Judge cum Special Judge (POCSO), Sivasagar in Case No. Special (POCSO) 34/2015, convicting and sentencing the appellant to undergo R.I. for a period of 10 years and to pay a fine of Rs. 10,000/-, in default, to undergo R.I. for 6 months under Section 4 of the POCSO Act, 2012.

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 3 (three) days.

As Mr. B.B. Gogoi, learned Addl. P.P. appears for 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 within 5(five) days.

List after receipt of the LCR.

JUDGE

Comparing Assistant