Uttam Konwar vs The State Of Assam And Anr
2023 Latest Caselaw 2885 Gua

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GAHC010161022023




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

                                  Case No. : Crl.A./281/2023

            UTTAM KONWAR
            S/O SRI DAMBARU KONWAR,
            R/O MAKUMKILLA, TENGA PATHER, P.S.- MARGHERITA, DIST.- TINSUKIA,
            ASSAM.



            VERSUS

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

            2:KANCHAN DEBNATH
            W/O MANIK DEBNATH

            R/O MAKUM KILLA
            P.S.- MARGHERITA
            DIST.- TINSUKIA
            ASSAM
            PIN- 786187

Advocate for the Petitioner   : MR. I A TALUKDAR

Advocate for the Respondent : PP, ASSAM
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                                   BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 04.08.2023

Heard Mr. I.A. Talukdar, learned counsel for the appellant. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor appearing for the State/respondent No.

1. This is an application filed under Section 374 Cr.P.C. against the judgment and order dated 07.06.2023 passed by the learned Special Judge, Tinsukia in connection with POCSO Case No. 23/2022 arising out of Margherita P.S. Case No. 251/2019, whereby the accused/appellant was convicted under Section 8 of POCSO, sentenced him to undergo rigorous imprisonment for a period of 4(four) years and to pay fine of Rs.5,000/-, in default of payment of fine, simple imprisonment for 2(two) months.

The appeal is admitted.

Issue notice.

The learned counsel for the appellant is directed to take step for service of notice upon the respondent No. 2 by way of registered post with AD as well as other usual process returnable within 4(four) weeks. The steps be taken within 7(seven) days.

No formal notice required to be served upon the respondent No.1 as because Ms. Bora, learned Addl.P.P. has entered appearance. Extra copy of the petition shall be provided to Ms. Bora. Call for the LCR.

List accordingly.

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Comparing Assistant