Jitu Gogoi @ Sukan vs The State Of Assam
2022 Latest Caselaw 2509 Gua

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GAHC010116682022




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

                                Case No. : CRL.A(J)/80/2022

            JITU GOGOI @ SUKAN
            S/O- SRI JIBESWAR GOGOI @ CHIRIKALI, RESIDENT OF TENGANI GAON
            UNDER BORPATHER PS, DIST.- GOLAGHAT, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP, ASSAM



Advocate for the Petitioner   : MR. U CHOUDHURY

Advocate for the Respondent :




                                    BEFORE
                    HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                   HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

27.07.2022 [N. Kotiswar Singh, J.]

Heard Mr. U. Choudhury, learned legal aid counsel for the appellant.

Appeal is admitted.

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Call for the records.

As the appeal pertains to conviction under Section 6 of the POCSO Act, we are of the

view that informing the informant will be desirable. Accordingly, the informant, namely, Aruna

Duwarah, W/O Rupeswar Duwarah, mother of the victim, be impleaded as respondent No.2

and accordingly, notice be issued to the respondent No.2.

Since jail appeal has been preferred by the learned legal aid counsel, the Golaghat

District Legal Services Authority will also intimate the informant about filing of this jail appeal

against the conviction of Jitu Gogoi @ Sukan, so that in the event the informant wishes to

assist the prosecution in the case, she may have the opportunity to do so.

Copy of this order be furnished to the Member-Secretary, Assam State Legal Services

Authority for intimating the Golaghat District Legal Services Authority for doing the needful.

We have also noted from the judgment dated 28.02.2022 that the learned Trial Court

though convicted the accused appellant to rigorous imprisonment for 12 years and a fine of `

5,000/-, there is no reference as to whether compensation has been paid to the victim in

terms of Section 357A Cr.P.C.

Accordingly, while admitting this appeal, we direct the State authorities to pay

necessary compensation as per the scheme prepared by the State of Assam under Section

357A Cr.P.C., if not already paid, for which the Golaghat District Legal Services Authority will

render all necessary assistance and do the needful to the State authorities for release of

payment of compensation under the Victim Compensation Scheme. This exercise shall be

undertaken within a period of 2(two) months from the date of receipt of a copy of this order.

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Learned legal aid counsel will take necessary steps, for which the Registry as well as

the Gauhati High Court Legal Service Committee will render all necessary assistance to the

learned legal aid counsel.

          Sd/- Arun Dev Choudhury                Sd/- N. Kotiswar Singh
                   JUDGE                                  JUDGE




Comparing Assistant