Santanu Goswami vs The State Of Assam And Anr
2023 Latest Caselaw 1497 Gua

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GAHC010070512023




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

                                  Case No. : Crl.A./116/2023

            SANTANU GOSWAMI
            S/O LATE TARUN GOSWAMI,
            R/O HOUSE NO. 08, ANANDA RAM BARUAH BYE LANE, SEWALI PATH, P.S.-
            HATIGAON, GUWAHATI-781038 IN THE DISTRICT OF KAMRUP (M), ASSAM.



            VERSUS

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

            2:RAGHU NANDA DEKA
             S/O BINA RAM DEKA

            PERMANENT RESIDENT OF MUKUNDAPUR
            KARIPARA CHOWK
            GORESWAR
            P.O.- BHOKPUR
            P.S.- GORESWAR
            DIST.- BAKSA (BTAD) AND PRESENTLY RESIDING AT HOUSE NO. 51
            ULUBARI
            KACHARI BASTI
            P.S.- PALTAN BAZAR
            DIST.- KAMRUP (M)
            PIN- 781007

Advocate for the Petitioner   : MR P KATAKI

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
              HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                       ORDER

Date : 11.04.2023

Heard Mr. P Kataki, learned counsel for the appellant.

The petitioner has preferred this appeal against the judgment and order dated 21.03.2023 passed by the learned Special Judge, POCSO in Kamrup (M), Guwahati in Sessions Case No.949/2019 convicting the appellant under section 10 of the POCSO Act and sentencing him to undergo RI for 5 years and to pay a fine of Rs.10,000/- with default stipulation. The appellant has been further sentenced to undergo RI for 3 (three) years and fine of Rs.5,000/- with default stipulation. Both the sentences are to run concurrently.

Since Mr. D Das, learned Addl. PP entered appearance and accepted notice on behalf of the respondent No.1, so no formal notice need to be issued. However, extra copy of the memo of appeal be furnished to the learned Addl. PP during the course of the day.

Issue notice to respondent No.2, returnable by 17.05.2023. Steps by Registered Post with A.D as well as through usual process within 7 (seven) days.

Call for the LCR.

List the matter on 17.05.2023.

JUDGE

Comparing Assistant