Abu Sama @ Abu Samad vs The State Of Assam And Anr
2022 Latest Caselaw 2277 Gua

                                                                        Page No.# 1/2

GAHC010127432022




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

             Case : Crl.A./124/2022

          ABU SAMA @ ABU SAMAD
          S/O LATE WAHED ALI
          RESIDENT OF VILLAGE PADUGURI
          PS DALGAON
          DIST DARRANG
          ASSAM 784114

           VERSUS

          THE STATE OF ASSAM AND ANR.
          REPRESENTED BY PP ASSAM

          2:SRI RATNESWAR DAIMARI
          S/O LATE AUCHUNG DAIMARI

          VILLAGE NALBARI WARD NO. 2
          PS AND DIST UDALGURI
          784509
          ------------
          Advocate for : MR. ABU JAHID
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.


                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

29.06.2022

Heard Mr. D. Sarma, learned counsel for the applicant/appellant as well as Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State respondent No. 1.

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By this application under Section 374(2) of Cr.P.C., the petitioner has prayed for quashing and setting aside the Judgment and Order, dated 23.05.2022, passed in Special (P) Case No. 21/2020 by the learned Special Judge, Udalguri convicting and sentencing the accused appellant unde Section 448 IPC, read with Section 12 of POCSO Act.

The appeal is admitted.

As Ms. S. H. Bora, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, a copy of the memo of appeal along with the documents annexed thereto be furnished to her during the course of the day.

Issue notice to the respondent No.2 by registered A/D post.

List the matter after ensuing summer vacation.

JUDGE

Comparing Assistant