Iswar Barman vs The State Of Assam And Anr
2022 Latest Caselaw 589 Gua

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GAHC010026132022




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

                                  Case No. : Crl.A./25/2022

            ISWAR BARMAN
            S/O LATE HEMANTA BARMAN
            RESIDENT OF VILLAGE ANGARKATA BINOYAPUR, PS TAMULPUR, DIST
            BAKSA, BTAD, ASSAM


            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP ASSAM

            2:SRI SWAPAN BASUMATARY
             S/O LATE BISNU BASUMATARY
            RESIDENT OF VILLAGE NO. 8
             KHADAMGURI (BOGAJULI) PS TAMULPUR
             DIST BAKSA
             BTAD
            ASSAM

Advocate for the Petitioner   : MR. B CHOWDHURY

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                          ORDER

Date : 18-02-2022

The appellant is represented by Mr. B Chowdhury, learned counsel.

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The State respondent No. 1 is represented by Mr. BB Gogoi, learned Additional Public Prosecutor.

This appeal is preferred against the judgment and order, dated 11.01.2022, passed by the learned Additional District & Sessions Judge-cum- Special Judge, Baksa, Mushalpur in SPL POCSO Case No. 67/2018 convicting the accused-appellant to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 5,000/- with a default clause for the offence punishable under Section 8 of the POCSO Act.

The appeal is admitted for hearing.

Call for the LCR.

Issue notice.

No formal notice need be issued on the State respondent No. 1 since, Mr. Gogoi, learned Additional Public Prosecutor, has already entered appearance and accepted notice on behalf of the State respondent.

The appellant shall take steps for service of notice on the respondent No. 2 by registered post with A/D or under any other prescribed mode, within 7 (seven) days from today.

List the matter after receipt of the LCR and service of notice upon

respondent No. 2 on 29th March, 2022.

JUDGE

Comparing Assistant