Balen Kalita vs The State Of Assam And Anr
2022 Latest Caselaw 331 Gua

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GAHC010007902022




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


                                  Case No. : Crl.A./15/2022

            BALEN KALITA
            S/O LATE BIREN KALITA, RESIDENT OF HOUSE NO. 5, SURAJ NAGAR, PS
            GEETANAGAR, DIST KAMRUP (M) ASSAM, 781021


            VERSUS


            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM


            2:RUNU RAJBANGSHI
            W/O SRI BIMAL RAJBANGSHI
             RESIDENT OF HOUSE NO. 33
             SURAJ NAGAR
             GITA MANDIR
             GUWAHATI 781021
             DIST KAMRUP M ASSA


Advocate for the Petitioner   : MR. A SARMA


Advocate for the Respondent : PP, ASSAM
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                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                       ORDER

Date : 01-02-2022

The court proceedings have been conducted through Video- Conference due to COVID-19 pandemic.

Heard Mr. A Sarma, learned counsel appearing for the appellant.

Also heard Mr. RR Kaushik, learned Additional Public Prosecutor appearing for the State respondent No. 1.

This is an appeal against the judgment and order, dated 31.12.2021, passed by the learned Additional Session Judge cum Special Judge (POCSO), Kamrup (Metro), in Session (Special) Case No. 240/2018 convicting the appellant under Section 6 of the POCSO Act sentencing him to undergo rigorous imprisonment for a period of 10 years with a fine of Rs. 10,000/- with a default clause.

Issue notice upon the respondent No. 2.

Since the State respondent No. 1 has entered appearance through Mr. RR Kaushik, learned Additional Public Prosecutor, no formal notice need be issued upon the said respondent No. 1.

Extra copies of the appeal memo be furnished to the learned Additional Public Prosecutor.

Appellant to take steps for service of notice upon respondent No. 2 by registered post with A/D or under any other prescribed mode within five days.

The appeal is admitted. Call for the LCR.

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List the matter for hearing in due course after receipt of the LCR and service of notice upon the respondent No. 2.

JUDGE

Comparing Assistant