Saha Alom Laskar vs The State Of Assam And Anr
2022 Latest Caselaw 4356 Gua

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GAHC010217962022




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

                                   Case No. : Crl.A./287/2022

            SAHA ALOM LASKAR
            S/O LATE FARIZ UDDIN LASKAR,
            VILL.- DAKHINMOHANPUR PART- V, SONAI,
            P.S.- KACHUDARAM,
            DIST.- CACHAR (ASSAM).



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE P.P., ASSAM.

            2:NOOR NIHAR BARBHUIYA
             W/O KOMUR UDDIN BARBHUITA
            R/O DAKHINMOHANPUR PART- V
            P.S.- KACHUDARAM
            DIST.- CACHAR (ASSAM)

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/683/2022

            SAHA ALOM LASKAR
            S/O LATE FARIZ UDDIN LASKAR
            VILL.- DAKHINMOHANPUR PART- V
            SONAI
            P.S.- KACHUDARAM
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             DIST.- CACHAR (ASSAM).


             VERSUS

             THE STATE OF ASSAM AND ANR.
             REP. BY THE P.P.
             ASSAM.

             2:NOOR NIHAR BARBHUIYA
             W/O KOMUR UDDIN BARBHUITA
             R/O DAKHINMOHANPUR PART- V
             P.S.- KACHUDARAM
             DIST.- CACHAR (ASSAM).
              ------------
             Advocate for : MR. L R MAZUMDER
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN


                                      ORDER

09.11.022.

Heard Mr. LR Mazumder, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Addl. P.P., Assam for the State/respondent No.1.

This inter locutory application is preferred under Section 389 of the CrPC is preferred, by appellant(convict) Saha Alom Laskar, who is convicted vide judgment and order dated 30.09.2022, passed by the learned Addl. Sessions Judge/Special Judge (POCSO), Cachar at Silchar in Special (POCSO) Case No.66/2019, whereby he was convicted under Section 4 of the POCSO Act and sentenced him to undergo R.I. for a period of 10 years and to pay fine of Rs.5,000/- only, in default to undergo R.I. for another two months and also Page No.# 3/3

convicted under Section 366 of the IPC and sentenced him to undergo R.I. for a period of two years and to pay a fine of Rs.2,000/- only and in default, to undergo further R.I. for one month and the sentences shall run concurrently.

Heard learned Advocates for both sides and perused the record.

Let notice be issued to the respondent No.2, returnable in 4 (four) weeks.

Steps be taken for service of notice upon respondent No.2, by registered post with A/D as well as by usual process within a week from today.

No formal notice is required to be issued to State respondent No.1, as Ms. S.H. Bora, learned Additional Public Prosecutor, has entered appearance and accepted notice. However, she shall be provided with requisite extra-copy of the appeal memo, during the course of the day.

List the matter after four weeks along with the connected appeal.

In the meantime, Ms. S.H. Bora, learned Addl. P.P., Assam may file objection, if so advised.

JUDGE

Comparing Assistant