Atul Biswas vs The State Of Assam And Anr
2022 Latest Caselaw 4715 Gua

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GAHC010210422022




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

                                  Case No. : Crl.A./314/2022

            ATUL BISWAS
            S/O JAGADISH BISWAS,
            VILL.- RAMNATHPARA,
            P.O.- KAMANDANGA,
            P.S.- TAMARHAT,
            DIST.- DHUBRI,
            ASSAM, PIN- 783332.

            VERSUS

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

            2:MANJU RAY
            W/O GUPI BISWAS

            VILL.- RAMNATHPARA

            P.O.- KAMADANGA

            P.S.- TAMARHAT

            DIST.- DHUBRI
            PIN- 783332

Advocate for the Petitioner   : MR. A A R KARIM

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                    HONOURABLE MR. JUSTICE SUMAN SHYAM
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
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                                             ORDER

30.11.2022 (Suman Shyam, J)

Heard Mr. A. A. R. Karim, learned counsel appearing for the appellant.

Also heard Ms. B. Bhuyan, learned senior counsel (Addl. P.P., Assam) assisted by

Mr. J. Das appearing on behalf of the State.

This appeal is directed against the judgment dated 20.09.2022 passed by

the learned Additional Sessions Judge -cum- Special Judge, POCSO, Dhubri,

Assam in connection with Special Case No.156/2021 convicting the appellant

under Section 6 of the POCSO Act, 2012 read with Section 376 (AB) of the IPC

and sentencing him to undergo rigorous imprisonment for life and also to pay

fine of Rs.1,00,000/- (Rupees One Lakh) with default stipulation.

We have perused the impugned judgment.

Admit the appeal.

Call for the LCR.

Issue notice returnable in four weeks.

Since Mr. Das has entered appearance and accepted notice on behalf

of the respondent No.1/State, no formal notice is required to the sent to the said

respondent. However, appellant to take steps for service of notice upon the

respondent No.2/informant by registered post with A/D within a week from

today.

                                           JUDGE                                 JUDGE



Comparing Assistant