Sofa Uddin vs The State Of Assam And Anr
2022 Latest Caselaw 390 Gua

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GAHC010018312022




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

                                  Case No. : Crl.A./21/2022

          SOFA UDDIN
          S/O LATE ABDUL KADIR
          VILLAGE KHELMA PART VIII
          PS KATIGORAH, DIST CACHAR, ASSAM 788815

          VERSUS

          THE STATE OF ASSAM AND ANR
          REPRESENTED BY PP ASSAM

          2:SULEMAN UDDIN
           S/O LATE TASAR ALI
          RESIDENT OF KHELMA PART VIII
          PO GUMRAH BAZAR
           PS KATIGORAH
           DIST CACHAR
          ASSAM 78881

Advocate for the Petitioner : MR. L R MAZUMDER
Advocate for the Respondent : PP, ASSAM

           Linked Case : I.A.(Crl.)/48/2022

          SOFA UDDIN
          S/O LATE ABDUL KADIR VILLAGE KHELMA PART VIII PS KATIGORAH
          DIST CACHAR
          ASSAM 788815


           VERSUS

          THE STATE OF ASSAM AND ANR
          REPRESENTED BY PP ASSAM
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           2:SULEMAN UDDIN
           S/O LATE TASAR ALI RESIDENT OF KHELMA PART VIII PO GUMRAH BAZAR
            PS KATIGORAH
            DIST CACHAR
           ASSAM 788815
            ------------
           Advocate for : MR. L R MAZUMDER
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR



                                 BEFORE
                HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                      ORDER

07-02-2022

The Court proceedings have been conducted through Video-Conference due to Covid-19 pandemic.

Mr. L.R. Mazumder, learned counsel represents the applicant. Mr. B.B. Gogoi, learned Additional Public Prosecutor represents the State respondent No. 1.

The appeal, under Section 374(2) of the Cr.P.C., is preferred challenging the judgment and order dated 20-12-2021, passed by the learned Additional Sessions Judge (Special Judge), Cachar, Silchar, in Special (POCSO) Case No. 23 of 2018, convicting the appellants under Section 4 of the POCSO Act and sentencing him to undergo rigorous imprisonment for 10 years with fine of Rs.10,000/- with default clause and to suffer rigorous imprisonment for 7 years with fine of Rs.7,000/- with default clause for the offence punishable under Section 366 of the IPC.

The appeal is admitted for hearing.

Call for the LCR.

Issue notice.

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No formal notice need be issued on the State respondent since Mr. Gogoi, learned Additional Public Prosecutor, has already entered appearance and accepted notice on behalf of the State respondent. The appellant-applicant shall take steps for service of notice upon the respondent No. 2 by registered post with A/D Card as well as under any other prescribed mode within seven days from today. The State may file objection, if any.

List this appeal together with the connected I.A. (Crl.) No. 48/2022 on 10 th of March, 2022 after receipt of the LCR and service of notice is complete.

JUDGE

Comparing Assistant