Khandakar Mezbahul Alom vs The State Of Assam And Anr
2022 Latest Caselaw 4756 Gua

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GAHC010244372022




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

                                  Case No. : Crl.A./319/2022

            KHANDAKAR MEZBAHUL ALOM
            S/O LATE KHANDAKAR MATIAR RAHMAN,
            VILL.- METUAKUCHI,
            P.S. AND DIST.- BARPETA, ASSAM, PIN- 781308.
            VERSUS
            THE STATE OF ASSAM AND ANR.
            REP. BY THE P.P., ASSAM.

            2:AMIR HUSSAIN
             S/O LATE GAJI MIYA

            VILL.- CHASRA GAON

            P.O.- SATRA KANARA

            P.S.- BAGHBAR
             PIN- 781308

Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                    HONOURABLE MR. JUSTICE SUMAN SHYAM
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

02.12.2022 (Suman Shyam, J.)

Heard Mr. M U Mahmud, learned counsel appearing for the appellant. We have also heard Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State.

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This appeal against conviction is directed against the judgment dated 14.11.2022 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Barpeta, in connection with Special POCSO Case No. 25/2018 convicting the sole appellant under Section 6 read with Section 5 (i) and (m) of the POCSO Act and sentencing him to undergo rigorous imprisonment for 12 years and also to pay a fine of Rs.20,000/- with default stipulation. We have gone through the impugned judgment and have also considered the submission made by the appellant's counsel. Admit the appeal.

Call for the LCR.

Issue Notice returnable in 6 (six) weeks.

Since Mr. Das, learned Additional Public Prosecutor, Assam has accepted notice for the respondent no. 1/State, no formal notice is required to be sent to the respondent no.

1. The appellant to however take steps by registered post with A/D for service of notice upon the respondent no. 2.

List the matter accordingly.

                          JUDGE                                    JUDGE




Comparing Assistant