Karnap @ Karnav Bora vs The State Of Assam And Anr
2022 Latest Caselaw 5087 Gua

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GAHC010262932022




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



                               Case : I.A.(Crl.)/816/2022
                                          in
                               Crl. Appeal / 346 / 2022

          KARNAP @ KARNAV BORA
          S/O SHRI AKON BORA R/O PHULANI GAON P.O. PHULANI P.S. HOWRAGHAT
          DIST KARBI ANGLONG ASSAM PIN-782481


           VERSUS

          THE STATE OF ASSAM AND ANR.
          REP .BY THE PP
          ASSAM

          2:BHASKAR DAS
          S/O LT. KALAMONI DAS R/O VILL HALADHI ATI P.O. AND P.S. BAKALIA
          DIST. KARBI ANGLONG ASSAM PIN-782482
           ------------
          Advocate for : MR. U K DEKA
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 20.12.2022 Heard Mr. S. Borthakur, learned counsel for applicant/appellant and Mr. P.S. Lahkar, learned Addl. Public Prosecutor for the State respondent No. 1.

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This application under Section 389 Cr.P.C., 1973 has been filed praying for suspension of the sentence vide judgment and order dated 16.11.2022 passed by the learned Special Judge (POCSO), Karbi Anglong in POCSO Case No. 55/2020 convicting the applicant/appellant to undergo simple imprisonment for 10 (ten) years and with fine.

The learned Addl. PP has submitted that he wants to file objection.

Issue notice upon the respondent No. 2.

The applicant shall take steps for service of the notice upon the respondent No. 2 by registered post with A/D as well as usual process, returnable within 4 weeks.

Steps be taken within 7 days.

No formal notice is required to be served upon the respondent No. 1, as Mr. P.S. Lahkar, learned Addl. PP has entered appearance and accepted notice on behalf of the respondent No 1.

Call for the LCR.

List the matter accordingly.

JUDGE

Comparing Assistant