Diganta Saikia vs The State Of Assam And Anr
2022 Latest Caselaw 3769 Gua

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GAHC010151082022




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

                                 Case No. : Crl.A./235/2022

            DIGANTA SAIKIA
            S/O SRI SONESWAR SAIKIA,
            RESIDENT OF VILLAGE GOMIRI GAYAN GAON, PS NITAIPUKHURI, DIST
            CHARAIDEO ,ASSAM 785662



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SRI MRIDUL SWARGIARY
             S/O SUNANDA SWARGIARY

            RESIDENT OF TEOK BANGALI GAON
            PADUMANI CHUK
            PS SONARI
            DIST CHARAIDEO
            ASSAM 78511

Advocate for the Petitioner   : MR. B K MAHAJAN

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

Date :23.09.2022

Heard Mr. N Mahajan, learned counsel for the appellant and Ms. SH Borah, learned Additional Public Prosecutor for the respondent No.1. By this criminal appeal filed under Section 374(2) of the CrPC, the appellant has prayed for setting aside and quashing of the Judgment and order dated 23.06.2022 passed by the learned Special Judge, Charaideo in Special (P) Case No.49/2016 whereby the appellant has been convicted under Section 10 of the POCSO Act. The criminal appeal is admitted.

Call for the LCR.

Issue notice to the respondents.

As Ms. SH Borah, learned Additional Public Prosecutor, Assam has entered appearance on behalf of the State respondent No.1, no notice need be issued. However, a copy of the memo of appeal along with the documents annexed there with be furnished to the learned Additional Public Prosecutor during the course of the day. Appellant to take steps for service of notice on respondent No.2 by registered post with A/D within 5 days.

List after receipt of the LCR.

JUDGE

Comparing Assistant