Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 4667 Gua

                                                         Page No.# 1/3

GAHC010237292022




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

                            Case No. : Crl.A./315/2022

         KAPIL DAS AND 3 ORS.
         S/O TULOSHI DAS,
         R/O BALAPARA,
         P.O.- SINGRA,
         P.S.- BOKO,
         DIST.- KAMRUP, ASSAM.

         2: RAJU BORO
          S/O ANIL BORO

         R/O BALAPARA

         P.O.- SINGRA

         P.S.- BOKO

         DIST.- KAMRUP
         ASSAM.

         3: MATIRAM BORO @ MUHIN BORO
          S/O LATE KALIRAM BORO

         R/O BALAPARA

         P.O.- SINGRA

         P.S.- BOKO

         DIST.- KAMRUP
         ASSAM.

         4: MONOJ BORO
          S/O UPEN BORO
                                                                        Page No.# 2/3

            R/O BALAPARA

            P.O.- SINGRA

            P.S.- BOKO

            DIST.- KAMRUP
            ASSAM

            VERSUS

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

            2:DIPAK KUMAR ROY
             S/O LATE ROHESWAR ROY

            VILL. AND P.O.- SINGRA

            P.S.- BOKO

            DIST.- KAMRUP
            ASSAM

Advocate for the Petitioner   : MR F HAQUE

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

23.11.2022

Heard Mr. F. Hoque, learned counsel for the appellant and Mr. B.B. Gogoi, learned Addl. P.P. for the State respondent.

In this appeal under section 374 of the Cr.P.C. 4 appellants namely, Kapil Das, Raju Boro, Matiram Boro @ Muhin Boro and Monoj Boro have challenged the judgment and order dated 14.11.2022 passed by the learned Additional Sessions Judge cum Special Judge [POCSO] in Special [P] case no. 01/2016.

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It is to be noted here that vide impugned judgment and order the learned court below has convicted the appellant under section 120[B]/354[B]/385 of the IPC and sentenced them to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 25,000/- with default stipulation under section 354[B] of IPC and SI for 2 years and also pay a fine of Rs. 10,000/- with default stipulation under section 385 of IPC and SI for 6 months under section 120[B] of IPC and further directed that the sentence so handed down shall run consecutively.

Perused the appeal and the ground mentioned therein admit. Let the notice be issued to the respondent no. 2 within a week from today returnable in 4 weeks by registered post with A/D and usual process. As Mr. Gogoi has appeared and accepted notice on behalf of the State respondent no formal notice is required to be issued. However extra requisite copy of the petition be furnished to her during the course of the day. Call for the record from the learned court below. List the case after 4 weeks.

JUDGE

Comparing Assistant