Moinul Ali @ Haque vs The State Of Assam And Anr
2023 Latest Caselaw 1601 Gua

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GAHC010081442023




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

                             Case No. : Crl.A./131/2023

          MOINUL ALI @ HAQUE
          S/O LATE QWAZ ALI,
          VILL.- MUSALMANPARA, NAGAON, P.S.- BARPETA, DIST.- BARPETA,
          ASSAM.
          VERSUS
          THE STATE OF ASSAM AND ANR.
          REP. BY THE P.P., ASSAM.
          2:PRATIMA PATHAK
          W/O DHANJIT PATHAK
          VILL.- RAYATPARA
           NAGAON
           P.O.- NAGAON
           P.S. AND DIST.- BARPETA
          ASSAM
           PIN- 781309

Advocate for the Petitioner : MR A BASUMATARY
Advocate for the Respondent : PP, ASSAM


                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 21.04. 2023 Heard Mr. N.J. Dutta, learned counsel for the appellant and Ms. B. Bhuyan, learned Addl. PP for the State respondent No. 1.

This is an appeal filed under Section 374 Cr.P.C., 1973 by the appellant against the judgment and order dated 28.03.2023, passed by the learned Addl. Sessions Judge- Cum- Special Judge (POCSO), Barpeta in Special POCSO Case Page No.# 2/2

No. 160 of 2019 convicting the accused/appellant under Section 8 of the POCSO Act 2012 and sentenced him to suffer R.I. for 3 years and to pay fine of Rs. 10,000/- and in default simple imprisonment for 6 months.

The appeal is admitted for hearing.

Call for the LCR.

Issue notice to the respondent No. 2.

The appellant shall take steps for service of notice upon the respondent No. 2 by registered post with A/D as well as by usual process, returnable within 4 weeks.

Steps be taken within 7 days from today.

No formal notice is required to be served upon the respondent No. 1 as Ms. B. Bhuyan, learned Addl. PP has entered appearance and accepted notice on behalf of the respondent No. 1.

However, extra copy of the memo of appeal be furnished to the learned Addl. PP during the course of the day.

List the matter after 4 weeks accordingly.

JUDGE

Comparing Assistant