Mostafizur Rahman @ Mustakin @ ... vs The State Of Assam And Anr
2022 Latest Caselaw 5046 Gua

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GAHC010252322022




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

                                  Case No. : Crl.A./335/2022

            MOSTAFIZUR RAHMAN @ MUSTAKIN @ KHUJU
            S/O BANISH UDDIN,
            VILL.- BORABALU,
            P.O.- HAJIRHAT,
            P.S.- SUKCHAR,
            DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783128.

            VERSUS

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

            2:ABED HUSSAIN
             S/O MOFFIUL HOQUE

            VILL.- BORABALU

            P.O.- HAJIRHAT

            P.S.- SUKCHAR

            DIST.- SOUTH SALMARA MANKACHAR
            ASSAM
            PIN- 783128

Advocate for the Petitioner   : MR. S C BISWAS

Advocate for the Respondent : PP, ASSAM


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

19.12.2022 (Suman Shyam, J)

Heard Mr. S. C. Biswas, learned counsel for the appellant. Also heard Ms. B.

Bhuyan, learned senior counsel (Addl.P.P., Assam) assisted by Ms. M.

Chakraborty, learned counsel representing the State/respondent No.1.

This appeal is directed against the judgment and order dated 14.11.2022

passed by the learned Special Judge, South Salmara (Mankachar) in

connection with Special (P) Case No.20/2021 (New) convicting the appellant

under Section 4(2) of the POCSO Act and sentencing him to suffer rigorous

imprisonment for 20 years and also to pay fine of Rs.20,000/-, in default, to suffer

simple imprisonment for six months.

We have perused the impugned judgment and also considered the submissions

advanced by learned counsel for the appellant.

Admit the appeal.

Call for the LCR.

Issue notice returnable in six weeks.

Since Ms. M. Chakraborty, learned counsel has entered appearance and

accepted notice on behalf of the State/respondent No.1, no formal notice is

required to be sent to the said respondent.

Steps by registered post with A/D for service of notice upon the respondent

No.2 within a week.

                                          JUDGE                                   JUDGE



Comparing Assistant