Jitu Roy vs The State Of Assam And Anr
2022 Latest Caselaw 896 Gua

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GAHC010046482022




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

                                   Case No. : Crl.A./41/2022

            JITU ROY
            S/O DHARMESWAR ROY
            RESIDENT OF VILLAGE BICHANDOI. GOLAKGANJ, DIST DHUBRI, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SRI NARESH BASUMATARY
             S/O LATE BALURAM BASUMOTARY
            VILLAGE JOYMAGURI
             PS GOSSAIGAON
             DIST KOKRAJHAR
            ASSA

Advocate for the Petitioner   : MR. K BHATTACHARJEE

Advocate for the Respondent : PP, ASSAM

             Linked Case : I.A.(Crl.)/106/2022

            JITU ROY
            S/O DHARMESWAR ROY RESIDENT OF VILLAGE BICHANDOI. GOLAKGANJ
             DIST DHUBRI
             ASSAM


             VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM
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           2:SRI NARESH BASUMATARY
           S/O LATE BALURAM BASUMOTARY
           VILLAGE JOYMAGURI
            PS GOSSAIGAON
            DIST KOKRAJHAR
           ASSAM
            ------------
           Advocate for : MR. K BHATTACHARJEE
           Advocate for : PP, ASSAM appearing for THE STATE OF ASSAM AND ANR.


                                 BEFORE
                HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                      ORDER

14-03-2022

Mr. K. Bhattacharjee, learned counsel represents the appellant/applicant. Mr. R.R. Kaushik, 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 19-01-2022, passed by the learned Special Judge, Kokrajhar, in Special Case No. 50 of 2018, convicting the appellant under Section 366 of the IPC and sentencing him to undergo rigorous imprisonment for three year with fine of Rs.10,000/- with default clause and to suffer rigorous imprisonment for seven year with fine of Rs.25,000/- with default clause for the offence punishable under Section 4 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 since Mr. Kaushik, learned Additional Public Prosecutor, has already entered appearance and accepted notice on behalf of the State respondent.

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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 five days from today.

List this appeal together with the connected I.A. (Crl.) No. 106/2022 on 18 th of April, 2022 after receipt of the LCR and service of notice is complete.

JUDGE

Comparing Assistant