Amal Sarkar vs The State Of Assam And Anr
2022 Latest Caselaw 3949 Gua

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GAHC010202892022




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

                                  Case No. : Crl.A./245/2022

            AMAL SARKAR
            S/O LATE MONINDRA SARKAR,
            R/O SRIPURIA, TINGRAI HABI GAON,
            P.O.- SRIPURIA,
            P.S. AND DIST.- TINSUKIA, ASSAM.



            VERSUS

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

            2:SOMA SINGHA CHOUDHURY
             (MINOR)

            REP. BY HER MOTHER NAMELY ANJANA SINGHA CHOUDHURY

            D/O NIRMAL SINGHA CHOUDHURY

            R/O SRIPURIA
            TINGRAI HABI GAON

            P.P.- SRIPURIA

            P.S. AND DIST.- TINSUKIA
            ASSAM

Advocate for the Petitioner   : MR. P J SAIKIA, SR. ADV

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

                                       ORDER

29.09.2022

Heard Mr. P.J. Saikia, learned Sr. Counsel appearing for the appellant as well as Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State respondent No. 1.

This appeal u/s 374(2) Cr.P.C. has been preferred against the impugned Judgment and Order, dated 21.09.2022, passed in POCSO Case No. 14(T)/2019, by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Tinsukia, convicting and sentencing the appellant to undergo R.I. for 3 years 6 months with fine of Rs. 20,000/-, in default, to undergo R.I. for 6 months u/s 8 of the POCSO Act.

This appeal is admitted.

Call for the records.

Issue notice to the respondent No. 2. Steps be taken by registered post with A/D within 3(three) days.

As Ms. S.H. Bora, learned Addl. P.P., has accepted notice on behalf of the State respondent No.1, no fresh notice needs to be issued to the said respondent. However, a copy of the memo of appeal along with the documents annexed thereto, be furnished to her within 2(two) days.

List after 4 (four) weeks.

JUDGE

Comparing Assistant